How To Determine If You Have A Slip And Fall Case

On behalf of Peterson, Berk & Cross, S.C.

Slips, trips and falls do not happen only at the workplace or in stores. Although they may be prevalent in industrial jobs and establishments with wet floors, they also happen frequently in other places, including private residential properties.

If you have fallen in or outside someone’s house, any injury you receive may be just as eligible for damages. But how do you know if it is? Slips and falls have to meet the following requirements for you to be able to seek financial awards.


The fall must have happened in an area where there should have been a reasonable amount of safety, not where danger is high or common sense would tell you to avoid the location. Examples of common places include stairs, porches, walkways, hallways and floors.


Your accident had to be the result of a factor that was not your fault. For example, if you were distracted on your phone or wearing wet, muddy shoes, it would be hard to prove the property owner’s guilt. Unsafe conditions that may qualify you for a personal injury claim include:

  • Damaged sidewalks
  • Loose flooring
  • Wet surfaces
  • Unremoved snow and ice
  • Scattered or piled objects or debris

The presence of these conditions is not enough, however. The owner must have been aware of it, had enough time to rectify the issue and instead allowed it to remain. Owners also have the option of posting a warning until they can fix the problem, so if there was a sign, you may not be eligible to file a claim.


If you obtain only a minor injury, it is unlikely you will have a case. However, if you have a severe or disabling injury, hire an attorney with experience in premises liability. If you are unsure, call a personal injury lawyer for a professional opinion on whether you can seek compensation.