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Premises Liability Or “Slip And Fall” – An Attorney’s Overview

A “slip and fall” can look like slapstick comedy — especially if supermarket spills or black ice is involved. However, the results aren’t funny to anyone who’s suffered from one. What’s worse is that the law places the burden of proof on the injured party: Was there a slippery substance on the ground? Did the defendant not take proper precautions? That is your responsibility to prove for a judge or jury.


Meanwhile, have you ever fallen? You probably weren’t in any condition to start an investigation. You were more concerned with the pain ravaging your body.

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Navigating the Complexities of Slip and Fall Cases

A slip and fall case is never straightforward or simple, no matter the fact pattern. The owner of the premises might be held liable for any number of reasons:


  • Failing to clean up a spill;
  • Failing to repair a condition that creates an “unnatural” buildup of ice or snow outside;
  • Using unnaturally slippery flooring in a high-traffic area with notice of the presence of water (yes, these can be rather specific);
  • Failing to guard against falls that the owner knew were likely;
  • Failing to provide proper or state-required guard or handrails;
  • Failing to cover floor openings


Once an injury is established, the infighting begins among the landlord, tenant, and management company as to who was actually responsible.

Our Team of Experts

It’s our job as your lawyer to investigate and determine what caused your fall as well as what conditions existed that allowed it to occur. We conduct our own investigation, including witness interviews, testing, scene recreation, and more. This involves everything from taking depositions of security companies to analyzing video from security cameras to reviewing building permits to digging up ancient building permits.


Your lawyer must have the requisite expertise and access to appropriate experts (for instance, is your attorney familiar with material safety and building codes? Skid coefficients? Human safety factors?). That’s not something you want to leave to chance.


“Slip and Fall” is:


Injuries caused by the failure of a premises owner or responsible person to maintain the premises and to carefully maintain an area to prevent injury.

“Slip and Fall” injuries include:

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Slipping on an unsafe floor surface

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Poor lighting

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Holes or unstable surfaces

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Failure to keep property safe

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