ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

How to Know If You Have a Slip and Fall Case

Updated on February 17, 2016

A “slip and fall” is what many may think of as a classic personal injury claim—a person slips or trips on a hazard at a business or residence, falls, and is injured. This type of injury is considered a premises liability claim, a subcategory of personal injury law, and is in fact a relatively common type of personal injury claim. However, determining whether or not a property owner is liable for your injury depends on several factors.

Not every type of accident that occurs at a business or residence fits the liability requirements of a slip and fall claim. While a property owner has a duty to maintain a reasonably safe environment, those who come on to that property for a legitimate reason must also take reasonable care to be aware of and avoid obvious hazards. So determining fault in a slip and fall case hinges not only on determining the property owner’s responsibility in creating or failing to address a dangerous situation, but in determining that the victim of the fall did not cause the accident through carelessness.


For a property owner to be legally responsible for your injury, they (or their employee) must either have caused the slippery or unsafe surface to be underfoot, have known about the unsafe condition and done nothing to fix it or warn people about it, or should have known about it and fixed it because a reasonable person maintaining the property would have found the condition and repaired it. According to the personal injury lawyers at Hodes, Milman & Liebeck, "Many slip and fall cases fall into the third category, which means that a judge or jury will be responsible for deciding what 'reasonable' means, should the case go to trial."

Some factors going into deciding what is reasonable may include how long the hazard was there (a roof leak present for several months versus one that started only hours before, for example), whether it was possible to warn people of the hazard, or what, if any, steps the owner took to regularly maintain the premises.

While it isn’t necessary to prove that you were being ultra cautious, you will have to show that your behavior was not careless. If you were in a part of the property you weren’t meant to be in, for example, or weren’t paying attention to your surroundings, then the property owner may not be liable for your injury. For example, a customer who slipped and fell on a wet floor in the drug store because he was looking at his cell phone and failed to notice the “wet floor” sign is unlikely to have a valid claim. On the other hand, say a bank failed to put up a warning and provide entry mats for the marble floor in their foyer, despite repeated complaints that the floor became slick every time it rained. If a customer fell and was injured during the next rainstorm, that person would have reasonable grounds for a claim.

If you believe a property owner’s negligence was the cause of your slip and fall, contacting a personal injury lawyer is the next step in finding out if you have a case.


    0 of 8192 characters used
    Post Comment

    No comments yet.


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)