To prove fault for your slip and fall injury sustained on someone else’s property, one of these circumstances must be true for the owner of the property or an employee on the property:
- They caused the spill or other dangerous condition that made you slip and fall.
- They had knowledge that the dangerous condition existed and did nothing about it.
- They should have known about a dangerous condition on the property because a “reasonable” person would have noticed it and repaired it.
Often, slip and fall cases hinge on the third situation – whether the defendant acted reasonably. To determine that, we’ll need to investigate to find answers to questions, such as:
- Had the dangerous spot that caused you to fall been there long enough that the owner or responsible party should have known about it?
- Is the property regularly inspected and repaired?
- Was there any legitimate reason for the object or condition to be on the ground?
- Even if there was a legitimate reason for the condition, was there a way that the area could have been made safer?