Anatomy of a Slip and Fall Accident: When You May Have Grounds to Sue

Slip and Fall Hazards to be Aware of

Tripping hazards are everywhere. In fact, the most common place for a person to fall is in his or her own home. At home, you may encounter shoes or toys left about, obstacles in a dark room, or a pet crossing your path. But when you are out in public, you should be aware of the following common trip hazards:

• Torn carpeting
• Uneven flooring
• Wet floors
• Wet or icy sidewalks
• Cracked pavement
• Narrow or uneven staircases
• Broken railings
• Poor lighting

While we might have no one to blame but ourselves (or our children!) for a fall in our homes, we are not responsible for hazards such as these that cause us to fall in a public place. But how do you know when to pursue legal action?

When Is a Business Liable?

In order to prove that a property owner is responsible for your injuries, certain conditions must exist. First, you must prove that your fall was caused by a dangerous condition, such as the hazards listed above. Secondly, you must prove that the owner knew that the condition existed and did nothing about it. More specifically, you must show that:

• The dangerous condition presented an unreasonable risk to a person on the property.
• The injured party should not have been expected to anticipate the condition under the circumstances.
• The property owner either created the condition or the condition existed for long enough that the owner should have discovered it and corrected it before the incident in question.