Newport Beach
Newport Beach
Los Angeles
Las Vegas
San Diego
Walnut Creek
Phoenix
Reno
Denver
North San Diego
Dallas
(949)221-1000 (949)221-1001 20320 S.W. Birch Street Second Floor, Newport Beach CA 92660
(818)712-9800 (818)712-9900 21215 Burbank Blvd. Suite 500, Woodland Hills CA 91367
(702)258-6665 (702)258-6662 1160 N Town Center Dr Suite 250, Las Vegas NV 89144
(619)236-0048 (619)236-0047 501 West Broadway Suite 1700, San Diego CA 92101
(510)540-4881 (510)540-4889 2033 N. Main St. Suite 600, Walnut Creek, Ca 94596
(602)274-1204 (602)274-1205 8950 South 52nd St Suite 201, Tempe AZ 85284
(775)440-2389 (775) 440-2390 50 West Liberty Suite 1090, Reno NV 89501
(720) 779-2500 (303)256-6205 1999 Broadway, Suite 3250, Denver, Colorado 80202
(760)557-2940 (619)389-2993 760 Garden View Ct. Unit #220 Encinitas, CA 92024
(949) 221-1000 (949) 221-1001 1910 Pacific Avenue, Suite 2000 Dallas, Texas 75201

Dealing with a Slip and Fail Claim

Many businesses require patrons to physically enter their premises in order to exchange their goods and services. The act of physically moving throughout one’s property presents the risk of an invitee sustaining an injury related to a slip and fall. This risk is especially likely in the food service industry, where food and liquid often end up on the floor in areas frequented by patrons.

“Slip and fall” incidents fall within the general gamut of personal injury law, whereby the law allows an injured person to recover for damages they incurred as a result of an injury. Often, a slip and fall incident can lead to a lawsuit in which the injured person alleges that the property owner, business, or both, are liable on a cause of action for premises liability. In these types of cases, a cause of action for general negligence is also not uncommon.

In California, to prove that a defendant is liable for a slip and fall incident, once must show that:

  1. The defendant owned, leased, occupied, or controlled the property;
  2. The defendant was negligent in the use or maintenance of the property;
  3. The plaintiff was harmed; and
  4. The defendant’s negligence was a substantial factor in causing the harm.

In evaluating a slip and fall incident, it is important to note the distinct difference between a “slip and fall” and a “trip and fall.” A slip and fall is typically caused by wet or slippery surfaces, causing a lack of friction between foot and surface. A trip and fall, however, can be caused by an object on the ground, or an uneven surface on the ground itself. 

When presented with a situation where a slip and fall, or trip and fall, has occurred on one’s premises, it is important to note the types of injuries sustained. This information can provide valuable insight into what the individual may have slipped or tripped on, which is important in investigating the events leading up to when that substance, object, or damage to the floor appeared and whether that condition was known by the landowner or the occupier of the premises, or both. While it is not required that the condition be known prior to the incident, it is required that the dangerous condition have existed for a sufficient period of time such that had the defendant exercised reasonable care in inspecting the premises, he or she would have discovered the conditions and remedied it or warned others before the injury occurred. Oldenburg v. Sears, Roebuck & Co.

Slip and fall incidents present significant legal challenges, and it is best to contact an attorney to better understand ones rights and responsibilities when inviting consumers onto a premises.