Proving fault in slip and fall cases
Slip and fall cases occur when someone falls and injures him or herself on someone else's property. When it comes to determining if the property owner is at fault, the main issue is if the property owner tried to prevent slipping or falling, and that the cause of the accident was a dangerous condition.
The dangerous condition must present an unreasonable risk to a person, and it must be a condition that the injured person couldn't avoid.
To establish that a property owner knew of a dangerous condition, the following must occur:
- The owner created the dangerous condition
- The owner knew the condition existed and failed to correct it
- The condition existed for such a long time that the owner should have discovered and corrected the danger before any incidents occurred.