Every slip and fall case is different, but in each one fault must be determined. It is generally the responsibility of the injured party to prove that the accident was caused by a dangerous condition or negligence.
HOW TO PROVE FAULT
Proving fault in a slip and fall case can be difficult. First, it must be shown that the injured party did everything that a “reasonable” person would have done to be safe. We are all responsible for being aware of our surroundings and doing our best to avoid dangerous conditions. Second, it must be shown that the property owner/possessor did one of the following:
- Knew about a dangerous condition on the property and did not fix it
- Caused a dangerous condition and did not fix it
- Should have known about a dangerous condition because another “reasonable” person in their position would have known about it.