Slip and Fall Accident

Property owners have a legal duty to maintain safe premises — when they fail, injured visitors have the right to full compensation.

Slip and fall accidents are one of the most common categories of personal injury cases, occurring when a person slips, trips, or falls on someone else's property due to a hazardous condition the property owner knew about or should have discovered through reasonable inspection. These incidents range from grocery store wet floor accidents and icy parking lot falls to tripping on cracked sidewalks and falling on unsafe staircases. Despite their frequency and the potential for serious injuries — including hip fractures, traumatic brain injuries, spinal injuries, and knee and shoulder damage — slip and fall cases are often defended aggressively by property owners and their insurers, who argue that hazards were "open and obvious," that the claimant was not paying attention, or that the property owner lacked sufficient notice of the hazard. The legal standard depends on the plaintiff's status on the property (invitee, licensee, or trespasser in most states) and whether the owner had actual or constructive notice of the hazard — meaning they either knew about it or should have discovered it through regular inspection. Photographs of the hazard must be taken immediately, before repair. Incident reports must be filed with the property owner at the time of the fall, and medical evaluation sought promptly. Security camera footage of the area must be preserved before it is overwritten. Surveillance video showing how long a hazard existed before the fall is often decisive in establishing constructive notice. Inspection logs and cleaning records — obtainable through litigation discovery — show whether property owners were fulfilling their maintenance duties.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Common Causes

• •Wet or recently mopped floors without adequate warning signage
• •Ice or snow accumulation on walkways and parking lots without timely remediation
• •Uneven or cracked pavement, sidewalks, and walkways not properly maintained
• •Inadequate lighting in stairwells, hallways, and parking structures
• •Defective or missing handrails on stairways and ramps

Who Can Be Sued

Liability in a slip and fall accident case may extend beyond just the primary at-fault party. Identifying all potentially liable defendants is one of the most important functions of an experienced personal injury attorney.

1. 1The property owner for negligent maintenance of the premises
2. 2A business tenant or occupier who controls the specific area where the fall occurred
3. 3A property management company contracted to maintain the premises
4. 4A contractor responsible for snow removal, cleaning, or maintenance who performed those duties negligently

Key Legal Facts