A slip and fall accident can happen in an instant: a wet floor with no warning sign, a broken step, a poorly lit stairwell, an icy sidewalk that was never salted. What starts as a moment of embarrassment can end in a broken hip, a herniated disc, or a traumatic brain injury. Property owners have a legal duty to keep their premises reasonably safe, and when they fail to do that, a slip and fall lawyer at The Killino Firm can help you hold them accountable.
Our attorneys have handled premises liability cases involving stores, apartment buildings, parking garages, hotels, and public sidewalks. Contact us today for a free consultation.
What Is a Slip and Fall Case?
A slip and fall case is a type of premises liability claim, meaning it centers on whether a property owner or manager failed to keep their property reasonably safe for the people lawfully on it. The term covers a wide range of accidents, not just literally slipping, including tripping over an obstruction, falling down broken or uneven stairs, or falling because of poor lighting. What all of these cases have in common is that a hazardous condition existed, and the question becomes whether the property owner is legally responsible for it.
Who Is Liable for a Slip and Fall Accident?
Liability generally depends on who owned or controlled the property where you fell, and whether they knew or should have known about the hazard.
- Store and business owners are responsible for reasonably inspecting and maintaining areas open to customers, including keeping floors clear of spills and walkways free of obstructions.
- Landlords and property managers are responsible for common areas of apartment buildings, such as stairwells, hallways, parking lots, and sidewalks.
- Municipalities and government entities can be liable for hazards on public sidewalks, in public buildings, or in public parks, though these claims come with unique procedural rules.
- Hotels, restaurants, and other businesses open to the public owe a similarly high duty of care to their guests and customers.
In many cases, more than one party shares responsibility, such as a property owner and a third party maintenance or snow removal contractor who was hired to address the hazard and failed to do so.
What Do You Have to Prove in a Slip and Fall Case?
To win a slip and fall claim, your attorney generally has to prove four things:
- Duty of care. The property owner owed you a duty to keep the property reasonably safe, which generally exists whenever you were lawfully on the property.
- Breach of duty. The owner failed to meet that duty, usually by failing to fix, warn about, or reasonably inspect for a hazard.
- Notice. This is often the most contested element. You typically must show the owner had either actual knowledge of the hazard, or constructive notice, meaning the hazard existed long enough that a reasonably careful owner should have discovered and fixed it.
- Causation and damages. The hazard actually caused your fall, and the fall actually caused real, documented injuries.
Evidence like surveillance footage, incident reports, maintenance logs, and witness statements is often central to proving notice, which is why acting quickly matters. Many businesses only keep surveillance footage for a short period before it is automatically deleted.
What Is the “Open and Obvious” Defense?
One of the most common defenses a property owner will raise is that the hazard was “open and obvious,” meaning it was so apparent that a reasonably careful person should have seen it and avoided it. If successful, this defense can significantly weaken or completely bar a claim in some states. This is exactly why the specific facts of your fall matter so much: poor lighting, a distracting display, or a hazard that blended into the surrounding floor or pavement can all undercut an “open and obvious” argument. A slip and fall lawyer will investigate the exact conditions at the time of your fall to counter this defense.
What Other Defenses Do Insurance Companies Use in Slip and Fall Cases?
Property owners and their insurers rarely accept fault right away. Common defenses include:
- Arguing the hazard was open and obvious
- Claiming they had no actual or constructive notice of the hazard
- Blaming your footwear, your attention, or your own carelessness
- Arguing you were not lawfully on the property at the time
- Claiming the hazard did not exist long enough to have been discovered and fixed
Insurance adjusters will sometimes call soon after the accident and ask friendly sounding questions, such as whether you were looking at your phone or in a hurry, that are actually designed to get you to admit partial fault on a recorded line. It is best to avoid giving a recorded statement until you have spoken with an attorney.
How Does Comparative Negligence Affect Your Compensation?
Most states apply some version of comparative negligence, meaning your compensation can be reduced by whatever percentage of fault a jury or insurer assigns to you. In many states, if you are found more than 50 percent at fault, you may be barred from recovering anything at all. A small number of states apply an even stricter contributory negligence rule, where any fault on your part, even a small percentage, can eliminate your claim entirely. Because these rules vary significantly by state, it is important to talk to a lawyer about how the law where your accident happened applies to your situation.
What if You Fell on Government Property, Like a Public Sidewalk?
Falls on public sidewalks, in government buildings, or on other municipal property are treated differently than falls on private property. Most states and cities require you to file a formal notice of claim within a very short window, sometimes as little as 90 days, well before the general statute of limitations would otherwise apply. Missing this notice deadline can permanently bar your claim, so it is especially important to contact an attorney quickly if a government entity may be responsible for your fall.
What Injuries Commonly Result from Slip and Fall Accidents?
Slip and fall accidents are a leading cause of serious injury, particularly for older adults. Common injuries include:
- Hip fractures, which can be especially dangerous for elderly victims
- Traumatic brain injuries and concussions
- Spinal cord injuries
- Broken bones and fractures, including wrists and ankles from instinctively bracing for a fall
- Herniated discs and other back injuries
- In the most severe cases, wrongful death
What Compensation Can a Slip and Fall Lawyer Help You Recover?
A slip and fall lawyer can help you pursue compensation for:
- Emergency medical treatment, surgery, and hospitalization
- Ongoing rehabilitation and physical therapy
- Pain and suffering
- Lost wages, including future lost earning capacity if the injury is long term
- Emotional distress
- Wrongful death damages, if the fall proved fatal
What Should You Do After a Slip and Fall Accident?
- Report the fall immediately to the property owner, manager, or staff, and ask for a written incident report.
- Photograph the hazard that caused your fall, along with the surrounding area, before it can be cleaned up or repaired.
- Get witness contact information, since witnesses can be difficult to track down later.
- Seek medical attention right away, even if you feel like you can walk it off, since some injuries do not show symptoms immediately.
- Avoid giving a recorded statement to the property owner’s insurance company before speaking with a lawyer.
- Preserve your clothing and shoes exactly as they were at the time of the fall.
- Contact a slip and fall lawyer as soon as possible, especially if a government entity may be involved, since surveillance footage and notice deadlines can both disappear quickly.
Why Choose The Killino Firm as Your Slip and Fall Lawyer?
Property owners and their insurance companies have teams dedicated to minimizing what they pay out after a fall. The Killino Firm’s premises liability attorneys know how to investigate notice, challenge an “open and obvious” defense, and push back against comparative fault arguments before they take hold of your case.
When you work with The Killino Firm, you get:
- An attorney who moves quickly to preserve surveillance footage and other time sensitive evidence
- A team experienced with claims against businesses, landlords, and government entities alike
- No upfront cost, since we work on a contingency fee basis
- A firm with a track record of standing up to large corporations and insurers
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit?
Deadlines vary by state and depend on whether a private party or a government entity is involved, so it is important to speak with an attorney as soon as possible after your fall.
What if I was partly to blame for my fall?
Depending on your state’s comparative negligence rules, you may still be able to recover compensation even if you share some responsibility, though your total recovery may be reduced.
Do I need a lawyer if the store already admitted fault?
Yes. An admission does not guarantee a fair settlement offer, and insurance companies still typically try to minimize what they pay even after acknowledging a hazard existed.
What if there is no video footage of my fall?
Video footage is helpful but not required. Witness statements, incident reports, photographs, and expert testimony can all help establish what happened and who was responsible.
If you were seriously injured in a slip and fall accident, contact The Killino Firm today for a free consultation with a slip and fall lawyer who will investigate what happened and fight for the compensation you deserve.
Call 877-875-2927 or fill out our online form for a free case evaluation.
