To prevail in a slip and fall claim, the individual bringing the claim must prove certain elements for the accused property owner or possessor to be liable. If they fail to do so, the property owner or possessor may not be considered liable which is why property owners facing slip and fall allegations should be familiar with the requirements for a successful slip and fall claim.
What needs to be proven in a slip and fall claim?
To prove a premises liability slip and fall claim, the individual alleging their were harmed in a slip and fall accident must demonstrate:
- That the property owner, their employee or the possessor of the property knew of the hazardous property condition or should have known of the hazardous property condition because another reasonable person in their position would have known of the dangerous property condition and fixed it;
- The property owner, their employee or the possessor of the property did know about the hazardous property condition and failed to remedy it;
- The property owner, their employee or the possessor of the property caused the hazardous property condition.
In general, the individual accusing the property owner of liability for a slip and fall accident will have to demonstrate one of these situations to prevail in a slip and fall claim. Property owners are generally good about upkeep of their property and should be aware that they may face liability for a slip and fall claim in one of these situations.
If the individual alleging the slip and fall injury does not prove the liability of the property owner, they property owner will not be responsible for compensating them for their alleged damages. There are several different premises liability defense options, some of which were also previously discussed in this blog, that property owners facing a premises liability claim for damages should be familiar with to help protect themselves from slip and fall claims.