What Factors Constitute a Slip-and-Fall Case?


Quick Answer

The factors that constitute a slip-and-fall case include the conditions that caused the slip and fall should have been noticed by the property owner or caretaker, or the property owner or caretaker caused the dangerous condition, according to attorney David Goguen for AllLaw from Nolo. The victim must also prove he did not cause the injuries himself.

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Full Answer

A slip-and-fall case must show the property owner can be held negligent because he failed to act in manner that a reasonable person would have acted under the circumstances that caused the defect that injured the victim, states Goguen. This means the victim must prove the condition existed long enough that the property owner could have eliminated the hazard, or if the hazard could have been made less dangerous by placing warning signs or preventing access to the dangerous location altogether.

The victim must also prove his actions did not cause the injuries, explains Goguen. Specifically, the victim must not have been engaging in an activity that could have prevented him from noticing the dangerous condition or determining whether he had a lawful right to be in that area. If the defense can prove the victim ignored warning signs placed in the dangerous area, the plaintiff may not have success in his slip-and-fall claim.

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