Proving Fault in SLIP-AND-FALL Cases

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Every slip-and-fall case is different, but in each one fault must be determined. It is generally the responsibility of the injured party to prove that the accident was caused by a dangerous condition or negligence.

How to prove fault Proving fault in a slip-and-fall case can be difficult. First, it must be shown that the injured party did everything that a “reasonable” person would have done to be safe. We are all responsible for being aware of our surroundings and doing our best to avoid dangerous conditions. Second, it must be shown that the property owner/possessor did one of the following: • Knew about a dangerous condition on the property and did not fix it, • Caused a dangerous condition and did not fix it, • Should have known about a dangerous condition because another “reasonable” person in their position would have known about it.

What is reasonable? To prove fault, the injured party must prove that the property owner/possessor did not act reasonably. To do this, we suggest asking questions like: • How long did the dangerous condition exist? • Did the person responsible for the property regularly inspect or clean the property? • Was there a precaution that could have been taken to eliminate the dangerous condition? It is also important to make sure the injured party acted reasonably. If the injured party was somewhere they shouldn’t have been, was acting in an unsafe manner, or ignored warning signs, it is unlikely that they will have a winning case.

If you or a loved one was injured in a slip-and-fall accident, call us so that we can review the situation and help advise you on a course of action.