Slip and Fall Accident Information and Lawsuit Case Examples...

-torn carpeting 

-a wet floor that isn't properly marked

-poor lighting

-stairs without a hand railing

-a handicapped-accessible walkway with inadequate handrails

-even a 3" drop in an elevator


The two main elements for determining fault are:

(1) whether or not the property owner acted reasonably to prevent slipping and falling, and

(2) whether or not the injured party was exceedingly careless.

The process of establishing a slip and fall case is a bit murky – the precedents are all over the board. 

The initial investigation should determine if the cause of the slip and fall accident was due to a pre-existing dangerous condition and if it could've been prevented by owner action.

Whether or not the injured person could have anticipated the hazards of the area from prior conditions is also important - this is the "avoidance of obvious danger" element.

For the injured person to have a strong case, the owner of the property must have created the hazardous condition and been negligent in remedying it.

The hazard must have been present long enough for the owner to have had ample time to remedy the problem before the accident occurred.

A slip and fall accident case often hinges on whether the property owner knew there was a hazard before someone got injured and was not sufficiently diligent in remedying it. 

Very rarely, the injured party can cite that an owner was in violation of a relevant statute or code relating to the case (e.g. improper distance between steps in a stairway).

The likelihood of winning a slip and fall case increases when the injury occurs on a commercial property. This increase stems from the fact that commercial properties open to the public have strict requirements for what is and is not acceptable levels of risk. Getting a viable case out of a residential property is more difficult.

Many commercial establishments carry insurance to cover indemnity in this type of action. As a result, most slip and fall accident cases are settled out of court.

Premises Liability Case Studies:

Slip and Fall Personal Injury Lawsuit - This case deals with a common situation in which a woman slips on a puddle in the grocery store. The plaintiff argues that liability is on the store owner since there was no warning of a hazardous condition.

Premises Under Video Surveillance - A woman slips on a spilled drink while shopping at the mall and breaks her arm. Video surveillance showed that no mall staff inspected, cleaned or warned shoppers of the hazard for over 2 hours.

Slip and Fall Accident Attorney Seeking Damages for a Fall in a Parking Lot - In this court case the plaintiff and her slip and fall accident attorney are seeking damages after the plaintiff fell on ice in a parking lot outside a pizza parlor.

Construction Accident Lawsuit Seeking Damages After Loose Masonry Causes Injuries - In this construction accident lawsuit a general contractor is seeking to be released from liability for a woman's injuries based on the Indemnification Agreement they had with a subcontractor.

Premises Liability Claim Related to a Sidewalk Defect - In this case the plaintiff is making a premises liability claim and seeking damages for personal injuries incurred after tripping and falling over a raised metal cap in the sidewalk.

Slip and Fall Lawsuit Involving an Icy Driveway - In this slip and fall lawsuit, the plaintiff alleges the defendant was negligent in not keeping their driveway clear of snow and ice, causing a dangerous hazard and resulting in injury to the plaintiff.

Premises Liability Lawsuit Seeking Damages In Excess of a Previous Settlement - In this premises liability lawsuit the plaintiff asks the court for damages for injuries sustained in a fall at work. The plaintiff previously signed a settlement agreement but believes he was deceived and now wants more money.

Slip and Fall Accident Case Involving a Plaintiff Falling on a Train Platform - In this slip and fall case the plaintiff alleges negligence on the part of the city owned train company for having too large a gap between the train and the platform.

Slip, Trip and Fall Lawsuit Where Plaintiff Fell While Walking Up a Staircase - In this slip, trip and fall lawsuit the plaintiff is asking the court to award damages for injuries sustained as a result of falling on an office building's defective staircase.