Slip and Fall

A slip and fall accident is a type of personal injury claim that arises when a person slips, trips, or falls on someone else's property due to a hazardous condition. These cases fall under the broader category of premises liability law, which holds property owners and occupiers legally responsible for maintaining their premises in a reasonably safe condition. Common causes of slip and fall accidents include wet floors, uneven pavement, poor lighting, loose carpeting, icy walkways, and cluttered aisles.

To succeed in a slip and fall lawsuit, the injured plaintiff must generally prove that a dangerous condition existed on the property, that the property owner or occupier knew — or reasonably should have known — about the dangerous condition, that the owner failed to remedy the condition or provide adequate warning, and that this failure caused the plaintiff's fall and resulting injuries. The question of what the owner should have known is often central to these cases.

Property owners owe different levels of duty of care depending on the legal status of the visitor. Invitees — such as customers in a store — are owed the highest duty of care, requiring the owner to regularly inspect for and repair hazards. Licensees, such as social guests, are owed a duty to warn of known hidden dangers. Trespassers are generally owed only a minimal duty of care, though children may receive additional protections under the attractive nuisance doctrine.

Slip and fall cases often involve significant disputes over liability, particularly regarding the property owner's notice of the dangerous condition. Surveillance camera footage, incident reports, maintenance records, and witness testimony are all critical forms of evidence. Comparative negligence also plays a major role — if the injured person was not paying attention or wore inappropriate footwear, their damages may be reduced proportionally. Prompt reporting of the incident and thorough documentation of the scene and injuries are essential for protecting a slip and fall claim.