Bathtub and Shower Slip and Falls

Nearly a quarter of Americans are injured each year in the bathroom. The hard tile floors and frequent presence of water turns the bathroom into a prime location for slip and falls. A study recently released by the Centers for Disease Control and Prevention revealed that bathing and showering are particularly hazardous. Overall, more than two-thirds of accidental injuries occur in the bathtub or shower, with the majority of these being occurring as people get out of the tub or shower. While older adults accounted for a higher percentage of slip and fall victims, those that injured themselves in the bathroom spanned all ages.

Bathroom slip and falls can lead to serious injuries. Fall victims have suffered:

• Loss of consciousness
• Broken bones
• Sprains and strains
• Abrasions and contusions
• Damage to internal organs
• Traumatic brain injury
• Spinal cord injuries
• Death

While many bathroom slip and falls occur in one’s own home, thousands each year take place in other settings, including hotels, hospitals, gyms, nursing homes, rented homes and apartments, workplaces, the homes of others, and the like. Under Maine premises liability law, property owners and possessors can be held liable for falls occurring in their bathrooms.

Premises liability imports a duty of care to Maine property owners, requiring they maintain their property, including bathrooms, to a reasonably safe standard. This can include regular cleaning of bathrooms to reduce the buildup of slippery substances, cleaning all spills, installing grab bars and non-skid mats, and warning guests of the presence of slippery conditions. The use of proper cleaning chemicals can also be an issue in commercial bathrooms, as some cleaning supplies can leave a slippery film and actually increase the risk of falls. This also includes ensuring bathrooms are properly designed and meet all relevant building codes, so as not to create an unreasonably dangerous condition for those exiting the shower or bathtub.

In order to be liable for damages related to a bathroom slip and fall, the property must be found negligent. Negligence occurs when the property owner, manager, or possessor:

• Causes the dangerous condition in the bathroom; or
• Knew about the dangerous condition but did nothing to remedy it; or
• Even in the absence of knowledge, liability exists if it can be proven that any reasonable person taking care of the bathroom would have discovered the hazardous condition and taken remedial action.

The victims of bathtub and shower falls can file an action against the negligent property owner, seeking compensation for their damages. Possible compensatory damages include medical expenses, lost wages, pain and suffering, and disfigurement. Exact awards will vary, depending upon the extent of the injuries and the egregiousness of the dangerous condition. In certain cases, punitive damages may also be awarded.

Slip and fall injuries can cause significant injury, sometimes requiring hospitalization, considerable medical bills, and loss of wages. At Peter Thompson & Associates, we have a proven track record of successfully obtaining bathroom fall victims the results they deserve. If you have been injured in a slip and fall, do not hesitate to call the experienced slip and fall injury attorneys at Peter Thompson & Associates. Peter Thompson & Associates is a premier personal injury law firm with a proven track record of success. With convenient office meeting locations statewide, our seasoned personal injury attorneys will provide you with the aggressive representation necessary to garner superior results. Call us today at 1 800.804.2004 to schedule your free initial consultation. Home and hospital visits are available.