Recognizing Red Flags In Slips And Falls

Sue Smith was walking on a barrier free access ramp between the roadway and the sidewalk of a shopping plaza when she reportedly slipped and fell on ice. As a result of her fall, Sue reportedly sustained injuries to her face and kneecap. You are asked to evaluate her claim and decide whether her injuries are consistent with the accident. As a claims adjuster it is important to understand the complexity of slips, trips and falls. This is especially essential when there are people who claim injury or try to assign blame for a pre-existing condition. It is important to know what red flags to look for when reviewing a claim to help determine causality and responsibility for an accident, especially in these winter months when ice can be prevalent.

Causes of falls

The most common reasons for falling are slip and trip events.

Slipping

As a pedestrian walks, he or she generates both vertical and horizontal forces where the feet contact the ground. A walkway surface must have sufficient friction to resist the forward horizontal forces generated while walking in order for it not to be slippery. When a slip of sufficient length occurs causing a loss of balance, the pedestrian tends to fall backwards, straight down on their back or buttocks, or slightly to the side. In addition to injuries to the hand/wrist from attempting to break the fall, the twisting of the knee and ankle as the weight of the body lands on these joints can also lead to injuries to connective tissue as the joints are stressed immediately prior to and during the landing. Fractures to the bones at/near the foot are also consistent with a slip. Slips may result in a higher frequency of tailbone fractures when compared to other types of fall dynamics.

Tripping

When a pedestrian trips, it is because a difference in elevation has stopped the foot from moving forward during the swing-through phase of the human gait cycle.

Injuries to the hand and wrist are common because most people break a fall by putting their arms forward. Injuries to shoulders and impact injuries to the knee are also expected for a trip. In some cases, if reaction time is insufficient, a pedestrian may land on his or her face. This is typical with the elderly. Therefore, if a claimant states they slipped on ice, but report injury to their kneecap (patella) it may be a warning to investigate the claim further.

Slip resistance

The static coefficient of friction (COF) is a measure of how slippery a surface is. For level walkways, the industry accepted standard minimum static COF for a surface to be considered slip resistant is 0.5 using a ‘standard’ traction test pad.

Snow by itself usually provides adequate slip resistance for walking. However, ice has a significantly lower COF to a polymer sole typical for a winter boot. This is a significant risk for a slip and fall and is considered hazardous.

If Sue Smith claimed she slipped on a snowy sidewalk while walking at a normal pace, and there was no ice, this should be a red flag.

Foot displacement to cause fall

Since the majority of slips occur during the heel strike of human gait, a slip may occur on an area with inadequate slip-resistance as small as 1.5 inches. However, if a slippery area is smaller than four to six inches length, it will typically not allow a pedestrian to slide a sufficient distance to cause a loss of balance and fall. This information can be useful if a claimant states that he or she slipped on a patch of ice that was two inches across.

Slope or elevation

Ramp slopes change the ratio of horizontal and vertical forces as compared to walking on level surfaces. A surface with a downward slope would behave as if it were more slippery than if the surface was level. If someone walks from a level surface to a declining one, there is a change in effective traction that can significantly increase the risk of a slip. Conversely, stepping onto an incline reduces the risk of a slip.

Sue claimed she slipped while walking towards the mall and would have been travelling up the incline of the ramp at the time of her accident. If Sue claimed she slipped with her first step onto the ramp, this would be a red flag, since this is not an expected scenario for a slip. However, if Sue claimed she slipped after taking several steps on the ramp, this would be a more likely location for a slip. Unlike most slips that occur at heel-strike of the human gait cycle, this slip would be expected to be at toe-off. Of course, the type of injury from a slip at toe-off is often different than with a heel-strike slip.

Meteorological information

In the above-noted scenario Sue claimed she slipped on a patch of ice. Review of the relevant meteorological data would be required to determine whether there was rain or snowfall on the days and hours preceding the incident and to what degree. If Sue’s claim is filed days, weeks, or even months after the reported incident it is likely any evidence of ice or other slippery conditions at the mall will have disappeared. Reviewing the meteorological data will help determine whether ice would have formed and when.

If the weather data is not consistent with the formation or presence of ice, another red flag has arisen. Alternatively, if the weather data indicates ice could have formed several days prior to the date of loss, there might be the ability to apply some contributory negligence to a third-party contractor overseeing sidewalk or parking lot maintenance.

Conclusion

Understanding the myriad of elements involved in what may seemingly be a straightforward slip and fall case can be surprisingly complex. By being able to identify red flags — based on fall dynamics, injury, surface conditions, etc. — legitimate claims can be settled quickly and questionable claims properly investigated.

As for Smith’s injuries? Kneecap and facial injuries slipping going up a ramp? Despite multiple red flags these injuries could have occurred if her fall was at the middle or top of the ramp.

When not creating slip hazards by making a skating rink in his backyard for his kids, Jeff Archbold, MASc., PEng., works as a forensic engineer at Walters Forensic Engineering Inc., in Toronto, Ont.

For almost ten years, Maja Rehou has been using her marketing and parenting skills to successfully convince the engineers at Walters Forensic Engineering Inc. that, like Buckley’s, marketing may taste awful but it works.