Proving Fault in Slip and Fall Accidents – FindLaw

It is sometimes difficult to prove who is at fault for slip and fall accidents. Thousands of people each year are injured, many seriously, from slipping and falling on a floor, stairs, or other surface that has become slick or dangerous. Even ground that has become uneven to a dangerous degree can lead to severe injuries. However, sometimes it may be difficult to prove that the owner of the property is responsible for a slip and fall accident. Could the Property Owner Have Prevented the Accident? If you or a loved one has been injured in a slip and fall accident, it may be tempting to seek out justice in the form of a lawsuit as soon as possible. But stop and ask this question first: If the property owner was more careful, could the accident have been avoided? For example, even if a leaking roof leads to a slippery condition that you slip and fall on, the property owner may not be responsible for your injuries if there was a drainage grate in the floor designed to limit slippery conditions. In addition, property owners will not always be responsible for things that a reasonable person would have avoided, such as tripping over something that would normally be found in that location (like a leaf rake on a lawn in the fall). Every person has a responsibility to be aware of their surroundings and make efforts to avoid dangerous conditions. Property Owner’s Duty to Maintain Reasonably Safe Conditions However, this is not to say that property owners are never held responsible for the injuries of others that slipped and fell on their property. Although there is not a cut-and-dried rule, property owners still must take reasonable steps to ensure that their property is free from dangerous conditions that would cause a person to slip and fall. However, this reasonableness is often balanced against the care that the person that slipped and fell should have used. What follows are some guidelines that courts and insurance companies use when determining fault in slip and fall accidents. Liability for Slip and Fall Accidents If you have been injured in a slip and fall accident on someone else’s property because of a dangerous condition, you will likely need to be able to show one of the following in order to win a case for your injuries: Either the property owner or his employee should have known of the dangerous condition because another, “reasonable” person in his or her position would have known about the dangerous condition and fixed it. Either the property owner or his employee actually did know about the dangerous condition but did not repair or fix it. Either the property owner or his employee caused the dangerous condition (spill, broken flooring, etc.). Because many property owners are, in general, pretty good about the upkeep on their premises, the first situation is most often the one that is litigated in slip and fall accidents. However, the first situation is also the most tricky to prove because of the words “should have known.” After presenting your evidence and arguments, it will be up to the judge or jury to decide whether the property owner should have known about the slippery step that caused you to fall. See Economic Recovery for Accidents and Injuries to learn more about the types of damages you may be able to claim in a slip-and-fall lawsuit. To get a ballpark figure of what your case may be worth, take a look at our Worksheet: Damage Estimate. Reasonableness When you set about to show that a property owner is liable for the injuries you sustained in your slip and fall accident, you will most likely have to show, at some point, the reasonableness of the property owner’s actions. See Standards of Care and the “Reasonable” Person to learn more. In order to help you with this situation, here are some questions that you or your attorney will want to discuss before starting a case: How long had the defect been present before your accident? In other words, if the leaking roof over the stairwell had been leaking for the past three months, then it was less reasonable for the owner to allow the leak to continue than if the leak had just started the night before and the landlord was only waiting for the rain to stop in order to fix it. What kinds of daily cleaning activities does the property owner engage in? If the property owner claims that he or she inspects the property daily, what kind of proof can he or she show to support this claim? If your slip and fall accident involved tripping over something that was left on the floor or in another place where you tripped on it, was there a legitimate reason for that object to be there? If your slip and fall accident involved tripping over something that was left on the floor that once had a legitimate reason for being there, did the legitimate reason still exist at the time of your accident? For example, tripping over a can of paint in a living room is probably not reasonable if the last time the room had been painted was over 2 years ago and the owner had no immediate plans to repaint the room. Carelessness/Clumsiness Most states follow the rule of comparative negligence when it comes to slip and fall accidents. This means that if you, in some way, contributed to your own accident (for example, you were talking on your cell phone and not paying attention to a warning sign), your award for your injuries and other damages may be lessened by the amount that you were comparatively at fault (this percentage is determined by a judge or jury). See Defenses to Negligence Claims for information about comparative negligence. Like researching the liability of the property owner, there are some questions that you can ask of yourself to estimate how likely it is that you will be found to be comparatively negligent: Did you have a legitimate reason for being on the property owner’s premises when the accident happened? Should the owner have anticipated you, or someone in a similar situation to you, being there? Would person of reasonable caution in the same situation have noticed and avoided the dangerous condition, or handled the condition in a way that would have lessened the chances of slipping and falling (for example, holding onto the handrail while going down icy stairs)? Did the property owner erect a barrier or give warning of the dangerous condition that led to your slip and fall accident? Were you engaging in any activities that contributed to your slip and fall accident? Examples include: running around the edges of pools, texting while walking, jumping or skipping, attempting to ice skate while in your business shoes, etc. If you have been talking with the insurance company about a possible settlement for your injuries, you will probably be asked many questions that are similar to these. Although you will not have to prove to the insurance company that you were extremely careful, you will probably have to show enough so that the insurance company can conclude that you were not acting negligently. Where Can I Get a Free Case Review? If you have been hurt in a slip-and-fall accident, you may want to contact an attorney as soon as possible. Because of statutes of limitations which limit the time a person has to bring an injury lawsuit, you should act quickly. If you think you have a claim, have it reviewed for free by an attorney. Then, with experienced legal advice, you can focus on healing any injuries you sustained and moving on with your life.


About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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