Property owners can be held liable for slip and fall injuries when they fail to keep their property reasonably safe, someone is injured, and the person’s injury was caused by the property’s unsafe conditions.
These cases usually arise when someone slips and falls somewhere such as a stairwell, on a sidewalk, or over a raised threshold at a store.
Elements of Slip and Fall Claims
To win a slip and fall case, the injured person must prove three things.
First, the injured person must prove that the property where the injury was sustained was not kept in a reasonably safe condition.
Second, the injured person must prove that the property owner was negligent in failing to keep the property in a reasonably safe condition. Negligence is defined as “the lack of ordinary care.” A negligent person fails to use the kind of care that a normal person would use in a similar situation.
The last thing an injured person must prove for a successful slip and fall claim is that the unsafe condition was a substantial factor in the injury. The unsafe condition is considered a substantial factor in an injury if a reasonable person would conclude that the unsafe condition caused the injury and the injury was not sustained in some other manner.
Burden of Proof in a Slip and Fall Case
To successfully defend against a slip and fall claim, a property owner must convince a judge or jury that the injured person failed to prove that property was unsafe, the property owner was negligent, or that the property’s unsafe condition actually caused the injury.