The Role of Negligence in Slip-and-Fall Accidents

By Eugene Bruno on June 30, 2024

Slip-and-fall accidents can cause severe injuries, including fractured bones, concussions, traumatic brain injury (TBI), and broken hips. Victims of these accidents often require extensive medical care — they may even be forced to live with chronic pain and disabilities for the rest of their lives.

Property owners and other responsible parties have an obligation to remove tripping hazards and provide warning signs to protect visitors from dangerous conditions, such as slippery falls. When they fail to meet their duty of care, they may be liable for injuries resulting from slip-and-fall accidents.

Common Places Slip-and-Fall Accidents Occur

A slip-and-fall accident occurs when a person loses their balance and falls to the ground due to a slippery spot or a tripping hazard that causes them to lose their footing. Slip-and-fall accidents are particularly common in retail stores and supermarkets due to the high volume of foot traffic and potential hazards. Cluttered aisles, uneven flooring, and poorly lit areas contribute to these accidents.

Places like retail stores and supermarkets are required to maintain a safe environment by promptly addressing hazards. This includes cleaning up spills immediately, using wet floor signs, ensuring aisles are clear of obstructions, and conducting regular maintenance checks. Employees must likewise be trained to recognize and rectify potential dangers quickly.

Slip-and-fall accidents in residential properties and apartments often occur due to poor maintenance and neglected repairs. Common hazards include broken staircases, loose handrails, uneven walkways, and wet or icy surfaces that are not properly addressed. Landlords and property managers have a duty to ensure that common areas, such as hallways, stairwells, and parking lots, are safe for tenants and visitors. This includes regular inspections and timely repairs to prevent accidents.

Slip-and-fall accidents in workplaces and offices may result from a variety of hazards. Fall hazards must be addressed immediately, and adequate lighting must be installed to prevent trips and falls. Employees should be encouraged to report unsafe conditions as soon as possible.

How Is Negligence Defined for Slip-and-Fall Accidents?

Negligence refers to a failure to exercise the level of care that a reasonably prudent person would demonstrate in similar circumstances. In the context of slip-and-fall cases, this means proving that the property owner or responsible party did not take necessary precautions to prevent hazardous conditions.

Duty of care is the legal obligation that property owners, business operators, and other responsible parties have to ensure that their premises are safe for visitors. This includes regular maintenance, timely repairs, and clear warnings about any potential hazards. For example, in residential properties, landlords are required to fix broken stairs or railings to prevent accidents.

A breach of duty results when a property owner, occupant, supervisor, employee, or landlord fails to meet their established duty of care. Property owners and other responsible parties have a fundamental responsibility to address hazards they know about and the hazards they should have known about.

Proving Negligence in Slip-and-Fall Cases

Gathering evidence is essential for proving negligence in slip-and-fall cases. The strength of your claim largely depends on the quality and thoroughness of the evidence collected. Your slip-and-fall accident lawyer knows the best procedures for collecting and preserving evidence.

Documentation provides a clear, detailed account of the incident and the conditions that led to it. Key documents include medical records, which outline the extent of injuries and the treatment received, and incident reports, which capture the specifics of the accident, including time and location. Witness statements also provide valuable information about how the accident happened.

Photographic evidence of the scene can highlight hazardous conditions. Similarly, surveillance footage offers an unbiased perspective of the event, showing exactly how the fall occurred. Many slip-and-fall victims also find it helpful to keep a personal journal that details the impact of their injuries.

Additionally, expert witnesses often play an important role in proving negligence in slip-and-fall cases. These professionals provide specialized knowledge and insights that can substantiate your claims. For instance, a safety expert can evaluate the accident scene and identify any safety standards or building code violations. Medical experts can testify about the extent of your injuries and how they relate to the fall, offering a professional opinion on causation and the long-term impact on your health. Accident reconstruction specialists know how to recreate the incident to demonstrate how the hazardous condition directly led to the fall.

Call Our San Diego Premises Liability Attorneys for Legal Guidance

For over 30 years, Eugene Bruno & Associates has been helping San Diego accident victims. During that time, our lawyers collected tens of millions of dollars for our clients. Our firm has an A Rating from the Better Business Bureau, and Expertise.com selected Eugene Bruno & Associates as the Best Personal Injury Lawyers in San Diego.

If you’ve been injured in a slip-and-fall accident, one of our San Diego premises liability attorneys can help. Call 1-888-BRUNO-88 (1-888-278-6688) to schedule your FREE consultation today.