Premises Liability: The Legal Framework for Slip and Fall Cases
Under premises liability law, property owners have a legal duty to maintain safe conditions for visitors. When they fail to meet this duty and someone is injured, they're liable for the damages. However, proving a slip and fall case requires establishing three elements: (1) the owner knew or should have known about the hazard, (2) the owner failed to fix it or warn about it, and (3) this failure caused your injuries.
The critical challenge is element one — proving notice. Large retailers like Walmart, Target, and grocery chains have entire legal departments trained to deny that they knew about a hazard. Our slip and fall attorneys know exactly how to penetrate these defenses.
Types of Premises Where Slip and Falls Occur
What to Do Immediately After a Slip and Fall
Fell Due to Someone's Negligence? We Can Help.
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Free Evaluation →Frequently Asked Questions — Slip and Fall
How do I prove the property owner knew about the hazard?
Proving knowledge (notice) is the central challenge in slip and fall cases. 'Actual notice' means the owner knew about the hazard — proven by incident reports, complaints, prior accidents, or the hazard being visible to employees. 'Constructive notice' means the hazard existed long enough that a reasonable owner should have discovered and fixed it. Our attorneys use surveillance footage, employee records, and incident report histories to establish notice.
Should I file an incident report at the store after a slip and fall?
Yes, always file an incident report at the scene if possible. Request a copy immediately — stores sometimes 'lose' incident reports or alter their records. Take photos of the hazard before it's cleaned up. Document your injuries. Contact a slip and fall attorney before signing anything the store presents you.
How do I get surveillance footage of my slip and fall accident?
Surveillance footage is typically overwritten within 24-72 hours. We send a legal preservation letter immediately after you contact us, requiring the property owner to preserve all footage. Failure to preserve footage after receiving our letter can result in spoliation sanctions — which actually helps your case.
How long do I have to file a slip and fall lawsuit?
Slip and fall statutes of limitations vary by state: California (2 years), Florida (2 years for 2023 incidents), Texas (2 years), New York (3 years). Claims against government properties (city sidewalks, public buildings) may have notice requirements as short as 90 days. Contact an attorney immediately to preserve your rights.
