Slip, Trip, and Fall Accidents: Liability Basics

A property owner, business, or occupier who fails to keep premises reasonably safe may be required to pay for the harm their negligence causes. In most slip, trip, and fall cases, the legal question is whether the owner used reasonable care under the circumstances to prevent foreseeable injuries. This includes fixing hazards, providing adequate warnings, and using reasonable inspection, cleaning, and maintenance practices.

These cases are typically handled under premises liability law. The main issue is whether the dangerous condition existed, whether the owner knew or should have known about it, and whether they failed to take reasonable steps to protect guests, customers, tenants, or visitors.

Property owners and businesses sometimes argue that a hazard was “open and obvious.” Even when a danger is visible, owners may still be responsible if they should anticipate that someone could be injured anyway, such as in a busy walkway, poorly lit area, or a place where people must walk to enter or exit.

Common Questions

What should I do if I have been injured in a slip, trip, or fall?

First, get medical care immediately, even if you believe the injury is minor. Some injuries, including head, back, and joint injuries, may worsen over time, and medical documentation is critical.

Second, report the incident to the property owner, manager, or employee on duty and ask that an incident report be created. If possible, request a copy.

Third, document the scene. Take photos and video of the hazard, the surrounding area, lighting conditions, the absence or presence of warning signs, and any visible injuries. If you can, note the exact time and location.

Fourth, collect witness information. Get names, phone numbers, and a short description of what they saw.

Finally, preserve evidence. Keep the shoes and clothing you were wearing and do not wash them. Save receipts, medical paperwork, and any communications with the property owner or insurance company.

What should I do if the property owner’s insurance company contacts me?

It is usually best to speak with an attorney before providing a recorded statement or signing documents. Insurance companies often try to limit payouts by shifting blame, minimizing injuries, or getting you to accept an early settlement before you understand the full medical impact of the fall.

How do I prove the property owner is responsible?

Most slip, trip, and fall claims come down to four key issues:

1. Duty of care
   Did the owner or business have a legal responsibility to keep the property reasonably safe for visitors?
2. Breach of duty
   Did they fail to act reasonably? Examples include failing to clean up spills, repair broken flooring, fix uneven pavement, improve lighting, install proper handrails, or mark hazards with warnings.
3. Notice of the hazard
   Did the owner know about the dangerous condition, or should they have known about it through reasonable inspections and maintenance? This is often the central issue. Evidence may include surveillance video, incident reports, cleaning logs, maintenance records, employee schedules, prior complaints, and witness statements.
4. Causation and damages
   Did the unsafe condition cause the injury, and what were the resulting losses?

How do I know the “value” of my injuries?

The value depends on the severity of your injuries and how they affect your life. Factors often include:

• Emergency treatment, follow-up care, physical therapy, medications, and future medical needs
• Lost wages and reduced ability to earn income
• Pain, suffering, emotional distress, and loss of enjoyment of life
• Permanent disability, scarring, or long-term limitations
• Out-of-pocket expenses related to the injury

In more serious cases, medical experts can be important to explain long-term consequences, future treatment needs, and how the injury affects daily life and work.

What if the owner claims the fall was my fault?

Property owners and insurers often try to argue that the injured person was careless, distracted, or wearing improper footwear. Many states follow comparative fault rules, meaning your compensation may be reduced if you share some responsibility. Even if the owner claims you are partly at fault, you may still be entitled to recovery.