How to Determine If You Have a Slip and Fall Claim 

 June 30, 2014

By  LMW Attorneys

A slip and fall claim occurs when a person slips or trips and falls, causing an injury to themselves. The claim is based on the negligence on part of the property owner for allowing a dangerous condition to cause this incident.

A Slip and Fall Claim Must Include:

  • Duty on part of the defendant, meaning he owns, controls, or operates the premises
  • The defendant knows or should have known of the possible dangerous condition
  • The condition was in fact dangerous and able to cause plaintiff harm
  • As a result, the plaintiff suffered injuries of said dangerous condition

The Evidence Needed for Slip and Fall Claims May Include:

  • Ice, snow, water or other fluid substances
  • Damaged Stairs (ex: no handrail, worn step grips, cracks or dents)
  • A trip or slip on floor

Property Owner Defenses

  • The property owner may claim non-negligence (ex: Another customer spilled water on the floor and moments later the slip and fall occurred)
  • The injured person was at fault (ex: Any reasonable person exercising due diligence for their own safety would have seen or heard the spill happen and avoided it)

In order for this slip and fall case to hold against a property owner, the evidence of negligence on his or her part must have been foreseeable of a hazardous risk. It’s incredibly important to know your rights when you or someone you know experiences a slip and fall incident. Contact LMW today for a free consultation with a slip and fall attorney to discuss your legal rights and best options for your case.