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Slips, Trips & Falls

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.

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.

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.