Steven A. Bagen | April 1, 2025 | Personal Injury
The owner of the property, or the occupant of that property, is generally liable in a slip and fall accident case. In some cases, each of these parties may share liability for the cost of a fall. In rarer cases, a third party, such as a manufacturer of a flooring material or other defective product, may be liable for a fall.
The details of why the fall happened, who had direct oversight of the property, and who should have known of the slipping hazard will all be important. Allow a slip-and-fall accident lawyer to investigate these details, determine liability, and pursue compensation for your accident-related damages.
What Makes a Property Owner Responsible for a Slipping Hazard?
When your attorney determines who is liable for the slip and fall accident, they will focus on negligence. Someone may have been negligent if they did not take reasonable actions to prevent you from slipping and falling.
A property owner or occupant may be negligent in contributing to a slip and fall accident if:
They Knew About the Hazard
If a property owner is aware of a hazard but does not address it, this should be a cut-and-dry case of negligence. A property owner might not act urgently to repair, replace, or otherwise address a slipping hazard because:
- Addressing the hazard would cost money
- They were lazy
- They prioritized other activities or financial obligations before addressing the slipping hazard
- They “didn’t get around to it”
None of these reasons are sufficient. If a property owner knew about a slipping hazard that ultimately caused you to fall, they or their insurance provider must pay for all damages you’ve suffered due to the slip and fall accident.
They Should Have Known About the Slipping Hazard
There are several reasons why a property owner should know about a slipping hazard but does not, including:
- The property was in a general state of disrepair, and the slipping hazard was concealed by general messiness
- The property owner did not regularly examine the property for potential hazards
- The property owner did not hire someone to monitor the property if they were unable to monitor it on their own
- The property lacked adequate lighting, which would have exposed the slipping hazard
When someone owns a property, they must care for that property. This is particularly true if they invite others onto the property directly or because it’s open to the public (or select groups). If you slipped and fell, it may be because the property owner did not take enough interest in the safety of their premises.
Their Attempts to Fix or Remove the Hazard Were Inadequate
The cheap or easy way of fixing a slipping hazard is rarely the right way. Even if a property owner spends significant money addressing a slipping hazard, their expenditure may not be adequate.
For example, a property owner who wraps duct tape around a leaking pipe does not solve the underlying leak. This half-measure may allow a drip of liquid to continue, even if the drip is less severe than before. The property owner would still be liable for any resulting fall despite their “effort” to fix the drip.
They Did Not Warn You About the Hazard
If the property owner was aware of the slipping hazard but did not warn you, this can make them liable for the cost of your fall.
Falls can be devastating, potentially causing broken bones and other severe health problems. Every property owner should foresee how hazardous a fall can be and take all appropriate measures to protect potential fall victims. When they fail to do so, they can become the subject of a lawsuit.
Other Parties Who Might Be Liable for Your Slip and Fall Accident
As your slip and fall accident lawyer investigates the cause of your fall, they might find that the at-fault party is:
- A business owner: Whether a business owner owns or rents a property, they have a duty to protect customers, workmen, and anyone else who legally enters the premises.
- A renter: If someone rents a property, they should be reasonably expected to remove or fix hazards. This is particularly true of slipping hazards, which the renter can clean up or warn visitors of.
- A property management company: Many property owners rely on third parties to manage and maintain their premises. These companies can be liable for slip and fall accidents, perhaps instead of or in addition to the property owner.
- A negligent product manufacturer: If someone slips because of dangerous flooring, a product whose packaging leaks, or another type of defective product, the parties who manufactured, assembled, packaged, or distributed the product can be responsible for the victim’s damages.
Liability for falls varies on a case-by-case basis. Determining who owns and manages a property and whether those (or other) parties are ultimately responsible for your fall can be difficult. Allow an attorney to sort out these details, as their training and experience qualify them to do so.
How Your Lawyer May Prove Fault for the Cost of Your Fall
Your slip and fall accident lawyer won’t make guesses about who is responsible for your fall. They will investigate thoroughly, examine the evidence, and determine who is liable. Some ways that an attorney can prove fault for a slip and fall accident are:
Pulling Video of the Fall
Video can be compelling evidence in any slip and fall case. A video might show:
- How the slipping hazard emerged
- The failure to remove the slipping hazard promptly
- Half-hearted attempts to remove the slipping hazard
- Your fall
Your attorney will take legal measures to secure such video if needed.
Photographing the Dangerous Premises
Many who are responsible for slip and fall accidents may try to conceal evidence of their negligence. For this reason, photographing a fall scene may not always do much good. That being said, if your attorney or their team can photograph the slipping hazard or other scenes relevant to your case, they will do so.
Hiring Experts in Premises Liability Matters
One or more experts may contribute to your case by:
- Analyzing video related to your fall
- Explaining how the at-fault party’s failure to remove a slipping hazard qualifies as negligence
- Explaining what the at-fault party could have done to protect you (but chose not to)
- Reconstructing the circumstances of your fall
The most effective lawyers know when to rely on experts, including those focusing on premises liability issues. Expect your attorney to hire any experts whose contributions will boost your case.
Interviewing Witnesses to the At-Fault Party’s Negligence
If anyone saw you fall, saw the slipping hazard that precipitated your fall, witnessed a pattern of negligence by the at-fault party, or can provide other valuable insights, your attorney may obtain their testimony to use in your case.
Getting Your Statement About the Accident
Your account of the accident matters. While liable parties may claim that you are biased, your lawyer will likely use your account of events as a key piece of their case.
After Proving Fault for the Fall, Your Attorney Will Fight for Fair Compensation for You
Figuring out who is at fault for your slip and fall accident is just one step of many your lawyer will need to take. Additional steps may include:
Proving That the At-Fault Party Fell Short of Their Duty of Care
Your lawyer will need to prove that:
- The at-fault party owed you a duty of care.
- The at-fault party failed to honor the duty of care (perhaps by failing to look for or ignoring the slipping hazard).
- The at-fault party’s breach of duty of care caused you to slip and fall.
- You have now suffered harm because of the slip and fall accident, which the at-fault party caused through their negligence.
It is called proving negligence, and it is an important step in most premises liability cases.
Showing How the Fall Has Affected You Economically (and Otherwise)
Your attorney may face liable parties who do not want to pay you. Those parties may downplay your injuries, claim you are fabricating your symptoms, and engage in other bad-faith strategies.
Your attorney will combat such attempts to underpay you with irrefutable documentation of your damages, which may include:
- Medical images
- Medical records
- Medical bills
- Expert testimony about injuries and symptoms (also including mental health challenges related to the fall)
- Any bank statements, receipts, and other records showing financial losses
- Your own words
Falls can cause economic losses (which have a strictly financial value) and non-economic losses like pain and suffering. Your attorney will work to document each of these damages in as much detail as possible.
Pinpointing the Financial Value of Your Case
Your lawyer will not throw a dart at the board to determine how much money you deserve. They will use a systematic, proven, mathematical process to determine the cost of economic and non-economic damages.
Identifying Insurance Options
Whether the at-fault party is a renter, property owner, or other party, they may have insurance covering accidents like slips and falls. Your attorney will:
- Determine whether, in fact, the at-fault party has insurance
- Evaluate all policies that may cover the cost of your slip and fall
- Identify every insurance company that owes you compensation
- Oversee any claims you file in response to the slip and fall accident
Your slip and fall accident attorney will deal with insurers for you. You should not have to take a second away from your recovery to speak with insurance adjusters. Plus, your lawyer will protect you from any attempts to violate your compensation case.
Fighting for a Settlement
You deserve fair payment for fall-related damages. You might receive that payment via settlement. Trust your slip and fall accident attorney to:
- Determine what a “fair settlement” is in your case
- Determine who owes you a settlement
- Compose clear, detailed settlement demands
- Present settlement demands to liable parties as soon as they are ready
- Negotiate tirelessly on your behalf
Rarely do liable parties immediately agree to an attorney’s demands. Lawyers often have to fight for their clients—and that’s where an attorney is in their element.
Filing a Lawsuit (Possibly Against a Negligent Property Owner)
If you and your attorney determine that filing a lawsuit (and possibly going to trial) is the right strategy for your case, your attorney will proceed fearlessly.
Slip and Falls Can Cause Head Injuries, Broken Bones, and Costly Damages. Here Are a Few Examples.
About 3 million senior citizens have to go to the emergency room each year due to fall-related injuries—that does not include countless younger individuals who fall and suffer injuries, too. Falls can be nasty, and liable parties must pay fairly for the harm they have caused you.
Some of the recoverable damages that may be included in your case are:
- Medical costs: Fall victims may need emergency transport, emergency care, imaging, and other healthcare services. Your attorney will include all fall-related medical bills in their case.
- Pain and suffering plus related treatment costs: If you experience pain, emotional anguish, psychological distress, or any other pain and suffering after the fall, these will be part of your case, too.
- Lost income: Any lost income, missed opportunities to earn financial incentives, and other professional damages will be on your lawyer’s radar.
- Rehabilitation costs: If you need occupational or physical rehabilitation, expect your lawyer to include the cost in your case valuation.
Negligent property owners place many parties at risk, but those already at a heightened risk of serious injury are particularly vulnerable to slipping hazards. Whatever your age or physical health is, you deserve justice.
Find Your Slip and Fall Accident Lawyer as Soon as You Can
Your slip and fall accident case may need to be filed shortly. Do not wait to hire your attorney so they can put your case together, take over communications with insurance companies, and fight for the financial recovery you are entitled to.
When you contact a slip and fall attorney, they will provide you with a free consultation. This is a chance for the attorney to assess the strength of your case and inform you of your legal options.