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Slip and Fall Cases and Proving Fault

When a person is injured on the property of another the subsequent case is called a “slip and fall” or “trip and fall injury.” Examples of these types of cases include spilled substances in stores as well as trips arising from misplaced items. “Slip and fall” and “trip and fall” cases fall within a larger category of cases called premises liability cases. Determining whether the owner of a premise is responsible for someone’s injury that occurred on their property is known as premises liability.

While determining whether an individual or company is at fault for an injury is a very contextual analysis, the ultimate question is often whether the owner of the premises knew or allowed a dangerous condition to exist. While there are other elements that are necessary for the injured person to prove in order to successfully recover, the issue of liability often hinges on the knowledge or lack thereof for the owner/possessor of the property. In most circumstances the Plaintiff must show that the property owner or someone who possesses the property:

  1. Created the dangerous condition;
  2. Knew the dangerous condition existed and negligently failed to correct it; or
  3. The dangerous condition existed for such a length of time that the owner should have discovered and corrected it prior to the incident.

Often, in premises liability cases, proving knowledge on the part of the owner or possessor of the property becomes a critical element that alone could either bolster your case or jeopardize it. Incident reports and statements by employees or witnesses become critical pieces of evidence. Contact attorneys with the experience to handle your premises liability case.

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