Slip or trip and fall injuries occur when a person slips, usually on a foreign substance or trips as a result of a dangerous or broken condition. A common slip and fall case occurs when someone slips on an icy sidewalk in front of a business, or a customer in a grocery store slips on a grape, lettuce leaf, or other food item that has fallen on the floor.
The premises owner may or may not be liable for the plaintiff's injuries in these common cases. Although owners and possessors of property have a duty to exercise reasonable care to maintain the premises to protect lawful visitors, if a condition of the premises is noticed by a customer or other visitor or should be readily apparent, the property owner may avoid liability because the plaintiff has a duty to protect himself or herself against the injury. The property owner may also avoid liability by establishing that the debris had so recently fallen on the floor or that the ice had so recently accumulated that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the plaintiff fell. The plaintiff in a slip and fall case, whether it occurs in a grocery store or elsewhere, must show that the owner had a reasonable period of time in which to discover the dangerous condition and in which to remedy it. The determination of what constitutes a reasonable time will vary from case to case. Even common accidents such as slips or trips and falls can present complex legal issues and complicated questions of both fact and law.
Accordingly, if you have been injured in a premises-related case, an experienced and knowledgeable personal injury attorney with premises liability experience is in the best position to advise you on your rights and secure a favorable outcome.
