SLIP & FALL
“Slip and Fall” is a term used to describe a situation where, due to a defect with the ground (a spill, a hole, dangerous condition, etc) someone is injured by falling. In these cases it is critical to document the defect with the appropriate authority. Injuries in these cases can be severe, especially for people over the age of 65.
It is assumed that the property owner is responsible for all fall accidents on their premises because they are obligated to maintain their property. However, to win a slip and fall case, the Plaintiff must be able to prove the following:
The Defendant owned, controlled, or leased the property at the time of the accident
The Defendant was negligent while using or maintaining safe conditions on the property
The Plaintiff was injured in the fall
The Defendant’s negligent use/maintenance cause the Plaintiff’s injury.
The most difficult of these to prove is that Defendant was negligent in their maintenance or use of the property. This will require the Plaintiff to show:
The property owner or their employees created the hazardous condition
The property owners or their employee knew of the hazardous condition but did not fix/repair it in a timely manner
The property owner or their employee knew or should have known about the hazardous condition because a reasonable person would have discovered the defect had they properly used/maintained the property