What Counts as a Slip and Fall Case?

Slip and fall accidents can happen anywhere: in a grocery store, on a broken sidewalk, or in a poorly lit hallway. But not every fall leads to a lawsuit. So, how do you know if your accident qualifies as a valid slip and fall case? In this article, we break down the key criteria that define a legal slip and fall claim and explain when it’s time to speak with a lawyer.

Understanding Slip and Fall Cases: The Basics

A slip and fall case is a type of personal injury claim under an area of law known as “premises liability.” These cases arise when someone is injured due to a hazardous condition on someone else’s property. Property owners have a legal duty to maintain reasonably safe premises for visitors. When they fail to do so, and that failure leads to injury, they may be held liable.

Key Criteria for a Valid Slip and Fall Claim

To determine if your situation qualifies as a slip and fall case, these are the essential elements:

1. There Was a Dangerous Condition

Common hazards include:

• Wet or slippery floors
• Uneven pavement or sidewalks
• Poor lighting
• Torn carpets or loose floorboards
• Hidden obstacles

2. The Property Owner Knew (or Should Have Known) About It

You must show that:

• The owner or manager created the hazard, or
• They knew about it and did nothing, or
• The condition existed long enough that they should have discovered and fixed it

3. You Were Legally on the Property

Trespassers generally can’t file valid slip and fall claims. But if you were a customer, tenant, employee, or guest, you likely qualify as a lawful visitor with rights under premises liability law.

4. The Dangerous Condition Caused Your Injury

There must be a clear connection between the hazard and your injury. Medical documentation and witness statements can be crucial here.

Common Examples of Slip and Fall Cases

• A customer slips on spilled juice in a supermarket aisle that wasn’t cleaned up for hours.
• A tenant falls down poorly lit stairs in an apartment building where the lightbulbs had been out for weeks.
• A delivery driver trips on a broken step that the homeowner failed to repair.

What Doesn’t Count as a Slip and Fall Case?

Not all falls lead to legal claims. Here are a few scenarios where you may not have a case:

• If the hazard was open and obvious (and you ignored it)
• If the property owner took reasonable steps to prevent injury
• If your own carelessness solely caused the fall

Each situation is unique, so even if you’re unsure, it’s best to consult an attorney for slip and fall legal advice.

How to Know If You Have a Slip and Fall Case

Ask yourself:

• Was the fall due to a preventable hazard?
• Was the property owner negligent?
• Are there witnesses or evidence (like video or photos)?
• Did you seek medical attention?

If you answered yes to some of these, you may have grounds for a valid slip and fall claim.

Why Speaking With a Lawyer Matters

Slip and fall lawsuit basics can be confusing. Premises liability laws vary by state, and proving negligence can be complex. An experienced attorney can:

• Investigate the incident
• Gather evidence
• Deal with insurance companies
• Help you pursue fair compensation

Don’t wait too long. Every state has a time limit to file injury claims (called the “statute of limitations”).

Talk to Cohan Law Firm Today

Still wondering how to know if you have a slip and fall case? We’re here to help. At Cohan Law Firm, we offer free consultations to help you understand your rights and options.

Not sure if your fall counts as a case? Let’s talk.
Schedule your free consultation today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.