The law pertaining to slips, trips, and falls requires a step-by-step analysis in an effort to determine whether a case of negligence can be established.  Negligence is the legal fault of one party for causing or contributing to injuries sustained by another.

Duty of Care in Slips, Trips, Falls Cases

The first step is to determine whether a party owed a duty of care to the injured person.  What is a duty of care?  If a party’s action or failure to act presents a distinct risk to someone else, then it is said that the party owes a duty of care to that other person.  For example, a janitor that mops a floor owes a duty to those presented with the risk of a wet and slippery floor.  This risk - that the floor will remain slippery until dry - is what defines the janitor’s duty to others.

Liability for Slips, Trips, Falls

Assuming that a party owes a duty of care, to establish legal fault, there must be evidence to support one or more of the following scenarios: 1) that the party created the slippery condition that caused the injuries; 2) that the party knew of the slippery condition’s existence, but did nothing about it; or 3) that, if the party denies knowing of the slippery condition, it had existed long enough for the party to have found and corrected it. 

As you can see, even a simple slip, trip, and fall can involve a complicated legal analysis.  For this reason, it is always best to consult a lawyer in order to determine your legal rights.