The Critical Components To Proving Your Slip And Fall Accident Wasn’t Your Fault

The Critical Components To Proving Your Slip And Fall Accident Wasn’t Your Fault

According to the National Floor Safety Institute, over 8 million people frequent the emergency room each year due to fall-related injuries. And statistics released by the Bureau of Labor Statistics report that falls account for as many as 11% of men’s job-related injuries and 5% of women’s. Of the 8 million injuries seen in emergency rooms, as many as one million — or 12% — are related to “slip and fall” injuries. Those who are most at risk for slip and fall injuries are individuals 65 or older.

Just because someone slips and falls, though, that does not necessarily mean that someone else is to blame. There are often times when a slip and fall accident is just that — an accident. To prove that you are entitled to compensation for your slip and fall injury, you have to show that someone’s negligence was to blame.

Slip and fall injuries are guided by “premises liability” laws and are determined at the state level. Proving that your injury is due to someone else is not always as easy as it seems. Just because you fall on someone else’s property, that alone doesn’t always automatically make them liable or at fault. There are specific conditions that need to be met for you to win a personal injury case.

OCTOBER - 66 - Slip and Fall Law - The Critical Components To Proving Your Slip And Fall Accident Wasn’t Your Fault

If you have been injured in a slip and fall you have to prove four essential things:

  • The property owner or the employee of the establishment should have been aware that the conditions were hazardous because, under the same circumstances, any other “reasonable” person would have known and addressed the hazard
  • The property owner or the employee of the establishment knew that there was a hazard but failed to address it or fix it
  • The property owner or the employee directly caused the hazardous condition
  • You were actually harmed by slipping and falling

The hardest part of proving your slip and fall injury is showing that the property owner or the employee actually knew that the hazard existed. If you are injured in a slip and fall, it is imperative that you ask for any documentation of scheduled maintenance to see if there is any note that a danger was noticed and not addressed, to prove that they had prior knowledge.

The other critical component to proving your slip and fall injury is the legal construct of “reasonable person,” This legal term has nothing to do with the property owner or anyone they employ. It is a standard of care that means that any reasonable person in their position should have known that the hazard could lead to someone getting hurt. So reasonableness is merely a legal construct and can be highly subjective.

Many things determine “reasonableness”

  • How long the defect has been there – If there is a record that the hazard was noticed and no one addressed it or repaired it, then that would likely make the property owner liable. If a property owner knows that a hazard exists, they have an obligation to repair or replace the danger so that no one gets hurt. Therefore, if you can prove that the property owner or an employee knew of the danger and did nothing, that would be grounds for liability.
  • What type of care the property owner took with the property – The property owner is responsible for making routine checks to ensure that the grounds are safe, so they should have a daily routine. If not, then they might be liable for not maintaining the property reasonably.
  • Was there something left on the floor that you tripped over? – If there was an object left on the floor that you tripped over, then the property owner had an obligation to remove it. Unless there were a reason for the object to be placed where it was, that would make the person who owns the property liable.
  • Did you trip over something that once had a usefulness but it no longer does? – If there was an object on the floor that at one time had a use like a drain pipe, but it is no longer in use, then you might be able to hold the property owner liable.

Slip and fall injuries are one of the hardest to prove in a personal injury lawsuit because they happen so frequently, and often they aren’t anything more than an accident. The key to proving your slip and fall injury case is to prove that reasonable care was not taken to ensure your safety by the property owner, which is required by premises laws.



Freeway Lanes Closed due to Motorcycle Crash
Father and his 2 children dead after suspected drunk driver crashes into them
Fatal Pedestrian-Vehicle Collision in Anaheim
1 Killed Multiple Injured After 6-Car Crash
California Bicycle Laws: What You Need to Know
A car crash in Ortega Highway kills a woman and leaves a man injured
How Bird Scooters Have Effected LA For Traut
Multi-Vehicle Accident involving a bus results in 1 dead and 7 in hospital
Head-on Highway Crash - One fatality
Pedestrian Crash results in two dead
What To Do If You Were In A Truck Accident
Newport Beach, Man struck by vehicle, Killed
Bakersfield police looking for 3 suspects in an October hit and run
Two-Vehicle crash on Santa Ana (5) freeway in Tustin results in man dead
Stop and Frisk Law in California
School Bus Driver Criminally Charged
Cyclist Dies After Collision In Stanton
Safety for Motorcyclists
Many Rollover Accidents are Preventable
2 Detained Women and 1 dead on Hyde Park Accident
Motorist flees after crashing into car repair shop, killing one
Why Do Some Lawyers Get Higher Settlements For Their Clients?
fatal Vehicle collision with pedestrian
In California, Hazing is Illegal
High-Speed Driving leads to injury and fatality in anaheim
Comedian’s Family Settles with Walmart
Hit-and-run leaves woman and dog dead
Pedestrian Fatally Struck By Amtrak Train
Teens Text While Driving a lot but Adults do it Even More
Costa Mesa Fire Chief Dies 2-Day After Being Struck By Suspected DUI
Sheriff’s Deputy Dead After Fatal Crash
Fatal DUI Car Accident Leads to Arrest
A hit-and-run driver struck a man in a wheelchair on 1st and Townsend Streets’ areaWhat To Do If You're Hit by a Drunk Driver.
Wrong-Way crash results in 2 dead and 3 injured on 110 freeway
Underinsured & Uninsured Coverage
Car Crashes into Guardrail, Killing Two
Driver Killed After Truck Lands On Top Vehicle
Collision in South La Intersection Results in death of a woman
TIPS ON DEALING WITH INSURANCE COMPANIES AFTER AN ACCIDENT
Hit-and-run Near Dodger Stadium results in 1 death
Pedestrian pronounced died in hospital after a hit-and-run
2 people die after tanker truck overturns between Ventura, Ojai
SLIP AND FALL ACCIDENTS – IT MAY NOT BE YOUR FAULT
A woman was killed while outside of a vehicle in Los Alamitos
3 People struck by Van on School Crosswalk - 8 Year old Killed
CORONAVIRUS UPDATE – OFFICE MEETINGS AND COURTHOUSE
Injured Toddler Dies After Grapevine Fog Accidents
woman, 46, pronounced dead at the scene of a hit-and-run
Collision Between Pedestrian and Vehicle Leaves One Dead in Garden Grove
Bicycle car accident fatality
05 OCT Whittier Man shot and killed by Police
26-year Old Dies in Car Accident
10 Summer Driving Tips
Unsafe fire truck driving caused crash into restaurant - Traut
20 Year Old Soldier Killed in Crash With Drunk Driver
Semi-truck and SUV collide in Southern California - at least 15 people dead
Mid-City Hotel Fire Leaves One Dead, Several Injured
2 People were killed on SoCal Highway 405
California jury awards $10M to victim’s family
I WANT TO SUE MY PRIOR ATTORNEY FOR LEGAL MALPRACTICE
Multi-car accident results in the death of Jeffrey McKee
Excessive Speed can kill you
Los Angeles Truck Accident Lawyer ~ Trucking Accident In Southern CA
Man Dies of Injuries After Huntington Beach Crash
Motorcyclist Dead After Crash In Costa Mesa
Drop in Gas Prices May Not Affect Public Transit Use
Motorcyclist Killed in Fatal Crash on Freeway
Suspected DUI Driver Collides With Disabled Car
Driver Fails to Stop at Light, Causes Crash
Driver Dead After Fiery Head-On Vehicle Freeway Collision
2 Dead After Fiery Motorcycle-Vehicle Collision in Santa Ana
Accident with state park vehicle kills a pedestrian in Newport Beach
"Wipeout" gameshow contestant dies after completing the obstacle course
Injuries result from truck rollover accident
How to Play it Safe Over the Holidays
Fatal Motorcycle Accident in Santa Ana
The Critical Components To Proving Your Slip And Fall Accident Wasn’t Your Fault
Driver runs red light, kills driver, and flees the scene
ARE YOU REALLY FULLY COVERED?
Multi-Car Crash leaves four injured
Making Construction Sites Safer Workplaces
Were you or someone you know seriously injured in a trucking accident?
Crash with Pedestrian turns fatal
Street Race Results in Wrecked Car
Motorcycle accident leaves man in critical condition
Crash on 5 Freeway kill one pedestrian in Anaheim
Crash in Southern California Results in Death of Off-Duty Police Officer
Traut Firm - Deadly Big Rig Crash - Anaheim - Commercial Truck Accident
Suspected DUI Driver Arrested After Fatal Crash In Santa Ana
Flight attendant sues employer after being fired - Traut
Law Firm Slapped With Malpractice Suit
Pedestrian killed near Irvine Valley College by Hit & Run Driver
Suspected Drunk Driver Runs Red Light and Kills Man crossing the Street in Anaheim
1 Ejected and Killed After Collision on 405 Freeway in Costa Mesa
Passengers Ejected Out Of Vehicle in Suspected DUI
What is a wrongful death lawsuit after a car accident?
Actor Dies After Being Hit By Metrolink Train
THAT CAR JUST HIT ME
Injury to a woman and her 12-year-old boy after their SUV strikes a large rock
Rollover crash on 60 freeway in boyle heights results in 2 dead
18-year-old Worker Killed in Workplace Accident - Santa Ana
Car collides into semi-truck resulting in one death and one injury - downtown LA
Grandmother Dead After Hit And Run In Orange
Multiple Vehicle Collision in Jurupa Valley - 4 Dead, 1 Injured
Pedestrian collision leaves victim dead - South L.A.

Call Now Button