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How to Prove Liability in Slip & Fall Claims

Posted in Slip & Fall

If you slipped and fell on another person’s property, you may have the right to pursue compensation for the harm you suffered. However, before you can collect any money, you will need to be able to show the property owner is liable for your fall. This requires showing the following four legal elements that are described below. The slip and fall attorneys at The Fine Law Firm can answer any questions you have. Contact us today at (505) 889-3463 for a free consultation.

Duty of Care

You must first establish that the property owner owed you a duty of care. Property owners are obligated to keep their properties in a safe condition that avoids injury to others. This duty requires them to regularly inspect the property, maintain the property, and provide warnings to visitors about dangers conditions or hazards on their property.

Property owners are only responsible for maintaining their properties for people who are lawfully on it. So, if a person trespasses onto the property, the property owner does not typically owe them a duty of care.

Breach of Duty

Next, you will need to show that the property owner breached their duty of care by allowing a dangerous condition or hazard to exist on the property. Examples when a breach of duty might occur include:

  • Spills are not cleaned up promptly
  • The manager fails to put up a “wet floor” sign after mopping or waxing the floor
  • There are loose stairs or missing handrails on the property
  • Loose floor mats or torn up carpeting cause a customer to fall
  • Walkways are cluttered
  • The pavement is not maintained
  • Potholes are in parking lots
  • Cracked or broken flooring poses a trip hazard
  • There is insufficient lighting

You must be able to show that the property owner’s actions (or inactions) were unreasonable and that the property owner knew about or should have known about the dangerous condition.


You must show a clear link between the property owner’s breach of duty and the injuries you suffered.  you were wearing on the day of the attack. If anyone witnessed the attack, get their contact information. You must show that the property owner’s failure is what caused the injury. A slip and fall lawyer can help gather relevant evidence and present it in a compelling manner to the insurance company.


Finally, you must show that you suffered some type of compensable harm, such as:

  • Past, current, and future medical expenses
  • Lost wages
  • Reduced earning capacity
  • Out-of-pocket expenses
  • Pain and suffering
  • Disability
  • Loss of enjoyment of life
  • Mental distress

Strong evidence can go a long way toward establishing these elements. Your personal injury lawyer can gather evidence to prove these elements, such as:

  • Your medical records
  • Photos of the slip and fall location or conditions of the property
  • Security camera footage
  • Witness statements
  • Accident report
  • Your clothing or shoes that show something that you slipped on

An experienced lawyer can help gather and preserve important evidence to establish these claims.

Contact an Experienced Slip and Fall Lawyer for Help with Your Claim

The Fine Law Firm can help you explore your legal options during a free case review. We can investigate your case, gather compelling evidence, and determine the full extent of your damages. Contact us today at (505) 889-3463 to get started.