TL;DR: A slip and fall case can be viable, but only if specific legal elements are met and supported by evidence. This guide explains how liability works and what injured parties must prove to pursue compensation.
- Slip and fall accidents often stem from hazards like wet floors, uneven surfaces, poor lighting, or obstacles on private property.
- To win a case, you must prove six elements, including property control, dangerous conditions, and the owner’s knowledge of the hazard.
- A key challenge is showing the owner knew—or should have known—about the danger and failed to fix it or warn you.
- Strong evidence (photos, witness statements, reports) is critical to support your claim.
- After an accident, seek medical care, document everything, avoid insurers, and consult an attorney to evaluate your case.
The answer is it depends. Here’s how to know if you have a valid claim for a potentially winning slip and fall lawsuit.
Slips, trips and falls cause 15% of all accidental deaths. They are second to only motor vehicle collisions as a cause of fatalities. Every day, people injure themselves by tripping and falling in privately owned spaces. This can include slips as a result of:
- Uneven sidewalks or walkways
- Wet or slippery floors
- Poor lighting conditions
- Obstacles making egress difficult
- Snow and ice hazards
- And more.
Those who have been injured often wonder if the property owner is legally responsible for the injuries that occur as a result of the fall. And with good reason.
As with all slip and fall lawsuit cases, we advise injured parties to consider whether the fall was caused by a dangerous condition that the property owner knew about and did not mitigate. However, without the right discovery and evidence gathering, these facts can be difficult to prove.
Beyond liability, there are other criteria that an injured party must prove to signify liability. In order to prove a case against a retailer or property owner under a premise liability cause of action, the injured party must prove the following:
1. The Injured Party was an invitee.
An invitee is a person who enters the premises with the possessor’s express or implied knowledge and for the possessor’s benefit. Examples of invitees are customers, tenants, employees, members of a club, etc. It is worth noting, however, that Texas law has specific guidelines about property owner liabilities with regard to contractors and subcontractors.
2. The Defendant was a possessor of the property.
A possessor is anyone who has control over the premises. This could be the owner of the property or a tenant renting the property.
3. A condition of the premises posed an unreasonable risk of harm.
An unreasonable risk of harm is something that is dangerous and unreasonable given the environment. For example, a hole in the middle of an aisle would be an unreasonable condition. A wet floor, uneven tile, cords across a walkway, stairs without rails and empty displays are all examples of possible unreasonably dangerous conditions.
4. The Defendant knew or reasonably should have known of the danger.
This is one of the more difficult elements to prove in most trip and fall cases. The injured party must prove that the Defendant had actual knowledge of the danger or at minimum should have known about the danger. Often injured parties are not able to prove actual knowledge, so they must prove the Defendant should have known. In order to prove the Defendant should have known, the injured party must prove that the danger existed long enough for the Defendant or one of the Defendant’s employees to discover the danger under ordinary circumstances. This is often difficult as well. For example, if a person slips on a wet floor, but has no idea how long the floor was wet, it is extremely difficult to prove the Defendant should have known of the danger. Injured parties often fail to have a winning case because of this required element for a successful lawsuit.
5. The Defendant breached its duty of ordinary care by failing to adequately warn the plaintiff of the condition and failing to make the condition reasonably safe.
The injured party may prove this element by showing there was no warning about the dangerous condition and there was enough time for the Defendant to make the dangerous condition safe.
6. The Defendant’s breach proximately caused the Injured Party’s injury.
This element is proven by showing the slip and fall injury was caused by the fall and not another source such as a prior accident.
Do You Qualify?
Looking at the above and considering your evidence, you likely know whether or not you may qualify. Of course, a trusted accident attorney can help investigate your personal injury claim after an accident has occurred to determine if filing a lawsuit is a prudent next step.
But in very basic terms, you may have a viable case if:
- There was a hazard present on a privately owned property
- The property owner was aware of the hazard
- They did nothing to fix it
- You suffered injury or damages as a result of that negligence
If the above is true, your personal injury case may be viable. In this case, we recommend reaching out to local slip and fall attorneys to pursue the compensation you deserve.
What to Do After a Slip and Fall Accident?
If you have suffered a fall, first seek the appropriate medical care. Your doctor will be able to discuss whether your injuries require serious intervention or simple at-home healing.
Next, report the incident to the authorities, document any evidence via photos or videos to substantiate your claim, seek testimony from any witnesses who saw the slip and fall accident. These will come in handy when you speak with an attorney about your slip and fall lawsuit.
As a word of warning, avoid speaking with insurance companies at this time, as your attorney can navigate insurance claims without risking your case.
Lastly (and most importantly), reach out to a trusted slip and fall accident attorney. If you were injured as a result of a trip and fall caused by a dangerous condition, call O’Hara Law Firm. Our trusted team of Houston slip and fall lawyers is here to help you pursue the compensation and restitution you may be due as a result of your slip and fall case.