Proving Negligence in a Slip and Fall Accident

A slip and fall accident can happen anywhere, on a sidewalk, in a store, in an office building, or even in someone’s home. If the property owner or business has been negligent, then you may be able to pursue compensation for any injuries you sustained as a result of your fall. Property owners have a duty to keep their premises safe, and if they fail to do so, and someone is injured, they may be held liable. However, there are some important things that must be shown before a property owner can be held liable in a slip and fall accident.


Was the Property Owner Negligent?

In order for a property owner to be held liable for injuries on their property, there must be a dangerous condition that caused the injury. In addition, one of the following situations must be true:

  • The property owner or an employee must have created the dangerous condition;
  • The property owner or an employee must have been aware of the dangerous condition; or
  • The property owner of their employee should have been aware of the dangerous condition because a reasonable property owner would have discovered it and repaired it.


Most complications involving determining negligence involve the third situation. It is also the most common. Determining what a reasonable property owner might do can be difficult. The owner has an obligation to make efforts to keep the property safe. Some factors that might go into determining whether a property owner acted reasonably can include:

  • Was the dangerous condition there long enough that the property owner should have discovered it?
  • Was the dangerous condition so obvious that the property owner should have discovered it?
  • Did the property owner have a regular routine of performing maintenance and inspection of their property?
  • Could the dangerous condition have been made less dangerous through actions by the property owner?


You can assist in demonstrating negligence on the part of a property owner by taking some steps after your slip and fall. Make sure you take pictures of the dangerous condition and its location on the premises. Report your fall to the business or property owner. Gather statements from any witnesses that may have seen your fall or that may have previously reported the dangerous condition to the property owner. Request copies of any video surveillance of the incident. Engaging the assistance of an experienced personal injury attorney can also help in establishing negligence.


Contact a Slip and Fall Attorney

If you’ve been injured in a slip and fall accident, you should consult with an experienced personal injury attorney. At Bonina & Bonina, P.C., we’ve been helping the victims of slip and fall accidents for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.