Slip and Fall Accident Law

Slipping on a wet floor, tripping over uneven pavement, or falling because of a hidden hazard can result in severe injuries. These incidents frequently occur when property owners fail to keep their premises safe, and they fall under the broader category of premises liability law. Each state’s laws vary, but the general concept is that owners must exercise reasonable care to prevent accidents on their property.

Duty of Care and Visitor Status

Some states distinguish between invitees, licensees, and trespassers. Invitees are individuals invited to a property for business or public purposes, such as a customer shopping in a store. Owners owe invitees a high duty of care and must inspect the premises for hazards. Licensees visit for social reasons and must be warned of any known but not obvious dangers. Trespassers enter without permission and are generally owed a lower duty of care, although special circumstances can arise.

However, other states apply a single standard of reasonable care to lawful visitors, while trespassers often remain subject to different rules. How a particular state’s law classifies a visitor can affect the outcome of a slip and fall claim.

Elements of a Slip and Fall Claim

Liability arises when the property owner owed a duty of care to keep the property safe, breached that duty, and caused injuries and actual damages. An example would be a spill in a grocery store that remains unaddressed for a prolonged period. If a careful owner would have discovered and cleaned it, failing to do so may be considered a breach. The injured person must show the breach directly caused physical, financial, or other forms of harm.

Establishing that the property owner knew, or should have known, about a hazard is central to a successful claim. If a spill or other danger exists for an extended period, the law may infer that the owner or manager should have discovered it.

Defenses in Slip and Fall Cases

Depending on the situation, a property owner might have various ways to avoid or minimize liability. If a spill occurred just moments before a slip and fall in a store, the staff might not reasonably have been able to address it in time. A defendant also might argue that an injured person failed to exercise caution, especially if the danger was easily visible. Or they may claim that the injured person voluntarily exposed themselves to a known risk.

Fault may be allocated between the property owner and the injured individual under a comparative negligence system, in which damages are reduced in proportion to the injured person’s share of fault. Contributory negligence, used in only a few states, bars recovery entirely if the injured person bears any degree of responsibility.

Steps After a Slip and Fall

After a slip and fall, your first priority should be to ensure your safety and seek any necessary medical attention, even if the injury seems minor at first. If you can, you should document as much information about the incident as possible. Take photographs of the area where you fell, note any hazards such as wet floors or uneven surfaces, and gather contact information from any witnesses. It’s also important to report the accident to the property owner, manager, or other responsible party and request a written record of the incident. Keep copies of all medical records and receipts for expenses related to your injuries.

Last reviewed March 2025