Slip, Trip, and Fall: How to Determine Liability

Slip, Trip, and Fall: How to Determine Liability

A simple walk down the aisle of a store or across a parking lot can take an unexpected turn when a slip, trip, or fall occurs. These common accidents can lead to serious injuries, mounting medical bills, and a significant impact on your daily life.

Understanding who is liable in these situations is critical as it can affect your ability to recover damages. It is crucial that evidence be preserved immediately to ensure the proper party is found liable. This blog post will delve into the details of determining liability in slip and fall cases and highlight the critical evidence needed for a successful claim.

Understanding Liability in Slip and Fall Accidents

  • The Duty of Care: Property owners and occupiers have a legal obligation to keep their premises reasonably safe for those who they invite onto their land or premises. This duty includes regular inspections, maintenance, and prompt attention to potential hazards.
  • Breach of Duty: Liability arises when a property owner knows or should have known about a dangerous condition and fails to address it, leading to an accident and injury.
  • Causation: It must be proven that the property owner’s negligence directly caused the injury. If a hazard is so obvious that a reasonable person would avoid it, the owner might not be held liable.
  • Comparative Negligence: In some cases, the injured party may be partially at fault. For instance, if you were distracted by your phone and missed a warning sign, your compensation could be reduced.

Preserve all Potential Evidence That Supports Your Claim

  • Incident Reports: If your accident occurred in a business establishment, ensure an incident report is completed and request a copy.
  • Photographic Evidence: Take photos of the accident scene as soon as possible. Include different angles of the hazard that caused the fall and any relevant signage or lack thereof.
  • Witness Statements: Gather contact information and statements from anyone who witnessed the accident. Objective accounts can significantly strengthen your claim.
  • Medical Records: Seek medical attention immediately and keep detailed records of your injuries, treatments, and any related expenses.
  • Footwear: Preserve the shoes you were wearing at the time of the accident. They can be important evidence to show that your footwear was appropriate and did not contribute to the fall.
  • Maintenance Records: In some cases, obtaining maintenance logs can prove that the property owner neglected regular upkeep, leading to unsafe conditions.

How Can Karell Trial Attorneys Help?

Determining liability in slip, trip, and fall cases can be complex but you don’t have to navigate it alone. Karell Trial Attorneys exclusively practice and specialize in personal injury cases, including those resulting from slips, trips, and falls. Our experienced attorneys understand the nuances of premises liability law and can help you gather the necessary evidence to build a strong case.

We are committed to advocating for your rights and ensuring that negligent parties are held accountable. With Karell Trial Attorneys, you gain a partner that will fight for the compensation you deserve for medical expenses, out of pocket expenses, lost wages, and pain and suffering.


Slip, trip, and fall accidents can happen to anyone but determining liability and pursuing a claim should not add to your distress. By understanding the key factors in liability and gathering the right evidence, you can take the first steps toward justice. With Karell Trial Attorneys by your side, you’ll have the support and expertise to navigate the legal process confidently. If you’ve been injured in a slip, trip, and fall accident, reach out to our team for a consultation and let’s take the next step together.

Karell Trial Attorneys