Slip and Fall Liability Explained: Who’s at Fault?

Property owners, property managers, businesses, and governments have a duty to keep public areas safe and visitors free from harm. When they fail to uphold that duty, serious injuries can happen—and sometimes even fatal accidents.

Premises liability law ensures that property owners and managers maintain safe environments for those who enter their premises. When negligence leads to unsafe conditions, and someone suffers an injury as a result, the victim may have the right to pursue a premises liability lawsuit.

What Is Premises Liability?

Premises liability is a legal concept holding property owners and occupiers accountable for maintaining safe conditions on their property. The doctrine applies to a variety of spaces, including private homes, businesses, and public areas.

If someone is injured due to a hazardous condition on the property and the owner failed to address or warn about it, the victim may file a premises liability claim. These claims often hinge on negligence—the failure to take reasonable steps to prevent harm.

Common Types of Premises Liability Cases

Premises liability covers a broad range of accidents and injuries. Here are some of the most common types of cases:

Slip and Fall Accidents

Slip and fall cases are among the most common premises liability claims. They can result from:

• Wet or slippery floors
• Uneven pavement or sidewalks
• Loose rugs or carpeting
• Poor lighting in stairwells or hallways

For example, if a grocery store fails to clean up a spilled liquid and a customer slips, the store could be held liable for the resulting injuries.

Inadequate Security

Property owners have a duty to provide reasonable security measures, especially in areas where crime is foreseeable. Failure to do so can result in crimes like assault or robbery. Common inadequate security claims include:

• Lack of functioning locks or gates
• Insufficient lighting in parking lots or stairwells
• Absence of security personnel in high-risk areas

Dog Bites and Animal Attacks

Property owners are responsible for ensuring that their pets do not pose a threat to others. If a dog bites someone on the owner’s property, the victim may have grounds for a premises liability lawsuit, particularly if the dog had a history of aggression.

Swimming Pool Accidents

Swimming pools pose inherent risks, especially for children. Owners must implement safety measures such as fencing, covers, and warning signs. Drowning or injury in an inadequately secured pool can lead to a claim.

Defective Conditions

Unsafe structural elements, such as broken stairs, collapsing balconies, or faulty railings, can cause severe injuries. Property owners must repair or adequately warn about these hazards.

Fires and Toxic Exposure

Property owners are also liable for injuries resulting from unsafe conditions such as fires, mold, asbestos, or exposure to hazardous chemicals.

What Is Obscure Premises Liability?

Obscure premises liability refers to less commonly encountered scenarios in which property owners or managers may be held liable for injuries caused by unsafe conditions. While mainstream premises liability cases often involve slip-and-fall accidents, inadequate security, or dog bites, obscure premises liability focuses on situations that are unusual, unique, or not immediately apparent as a liability issue.

These cases still hinge on the principle that property owners have a duty to maintain a reasonably safe environment for lawful visitors. Examples of obscure premises liability may include:

Injuries from Hidden Hazards

Hidden dangers that are not obvious to visitors can lead to obscure premises liability claims. These might include:

• Unmarked utility holes or pits: A person falling into an uncovered pit or manhole on the property.
• Camouflaged trip hazards: A step, dip, or uneven surface obscured by decorations, foliage, or poor lighting.

Illness from Environmental Factors

Some premises liability cases arise from environmental factors that harm visitors. Examples include:

• Exposure to mold or asbestos: If a property owner knowingly fails to address hazardous materials, they may be held liable for illnesses caused.
• Poor air quality: HVAC systems releasing harmful fumes or pathogens due to negligence.

Injuries from Attractions Designed to Lure People (Attractive Nuisance Doctrine)

Under the attractive nuisance doctrine, property owners can be held liable if a child is injured by a hazardous feature that is inherently alluring, such as:

• Unsecured construction sites
• Ornamental fountains
• Abandoned vehicles or equipment

Unique Animal-Related Incidents

While dog bites are common, liability may also extend to:

• Exotic pets: Injuries caused by dangerous animals like snakes or large cats kept on the property.
• Wild animals: In certain cases, property owners may be held liable if they fail to take reasonable steps to prevent wild animals from harming visitors (e.g., failing to secure dumpsters that attract bears).

Recreational or Specialized Facilities

Facilities designed for activities like sports, rock climbing, or other high-risk activities often involve unique liability concerns. Examples include:

• Faulty harnesses or improperly maintained climbing walls at gyms.
• Dangerous conditions on ski slopes or waterparks.

Injuries from Smart or Automated Technology

In the modern era, premises liability can extend to injuries caused by automated systems or smart technology, such as:

• Malfunctioning sliding doors or elevators.
• Injury caused by robotic vacuum cleaners or other automated systems.

Key Elements of a Premises Liability Claim

For a premises liability claim to succeed, the injured party must prove several elements:

1. The Defendant Owed You a Duty of Care
   The property owner must have had a legal obligation to ensure the safety of visitors. This duty depends on the visitor's status:
   • Invitees: Customers or guests invited onto the property for business or social purposes are owed the highest duty of care.
   • Licensees: Individuals entering for personal reasons, such as social guests, are also owed a duty of care.
   • Trespassers: Property owners typically owe limited duties to trespassers, but exceptions exist, particularly for children.
2. The Property Owner Was Negligent
   You must demonstrate that the property owner failed to take reasonable steps to maintain safety. This includes failing to repair hazards, provide adequate warnings, or implement necessary security measures.
3. The Hazard Directly Caused Your Injury
   There must be a clear link between the hazardous condition and your injury. For instance, slipping on an unmarked wet floor would establish causation.
4. You Suffered Damages
   Finally, you must show that the injury resulted in measurable losses, such as medical bills, lost wages, or pain and suffering.

Common Injuries in Premises Liability Cases

Premises liability accidents can result in a range of injuries, including:

• Broken bones and fractures
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Burns or smoke inhalation injuries
• Cuts, lacerations, and soft tissue injuries
• Psychological trauma, particularly in cases involving crimes

The severity of injuries often depends on the nature of the accident. Regardless of the extent of the harm, victims should seek medical attention and consult with an attorney to explore their legal options.

Steps to Take After a Premises Liability Accident

If you’ve been injured due to unsafe conditions on someone else’s property, your health should be your top priority. Even if injuries seem minor, getting a medical evaluation ensures that all injuries are documented and treated appropriately.

Notify the property owner, manager, or another responsible party about the accident. Request that they file an official report, and ask for a copy.

If you are able, gather evidence to support your claim. This may include:

• Photos or videos of the hazardous condition
• Witness contact information
• Any signage or lack thereof indicating danger

Refrain from providing detailed statements to insurance adjusters or property owners until you’ve spoken with an attorney. Anything you say could be used to undermine your claim.

Next, contact Morgan & Morgan. Navigating a premises liability claim can be complex. An experienced attorney at Morgan & Morgan can help you gather evidence, negotiate with insurers, and advocate for your rights in court if necessary.

Compensation in Premises Liability Cases

Victims of premises liability accidents may be entitled to compensation for:

• Medical Expenses: Costs for treatment, rehabilitation, and future care.
• Lost Wages: Compensation for time missed at work or diminished earning capacity.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress.
• Property Damage: Reimbursement for damaged personal items, such as clothing or electronics.

In cases involving gross negligence, punitive damages may also be awarded to punish the property owner and deter similar behavior in the future.

Frequently Asked Questions

How long do I have to file a premises liability lawsuit?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Can I file a claim if I was partially at fault?

Yes, many states follow comparative negligence rules, allowing you to recover damages even if you were partially responsible. Your compensation may be reduced based on your percentage of fault.

The legal team at Morgan & Morgan can help you understand your state’s laws and your legal options.

How do I prove a property owner’s negligence?

To prove a property owner’s negligence, you must establish four key elements:

1. Duty of Care
   • The property owner owed you a duty to ensure the premises were reasonably safe.
   • This duty varies depending on your status on the property:
     • Invitees (customers, tenants): Property owners owe the highest duty of care. They must actively inspect and repair hazards.
     • Licensees (social guests): Property owners must warn of known hazards but are not required to inspect for unknown dangers.
     • Trespassers: Property owners generally owe limited duties to trespassers but may still be liable in certain cases, such as when attractive nuisances are involved.
2. Breach of Duty
   • You must show that the property owner failed to meet their duty of care. Examples of a breach include:
     • Failing to fix a known hazard (a broken step).
     • Neglecting to warn visitors about a hidden danger (a slippery floor without a warning sign).
     • Ignoring routine maintenance (failing to address a leaky pipe that creates a slip-and-fall hazard).
3. Causation
   • The property owner’s breach of duty must have directly caused your injury. This requires demonstrating that:
     • The hazardous condition existed.
     • The hazard was a foreseeable cause of your injury.
   • For example, if you slipped on a wet floor, you must show that the floor’s condition directly led to your fall.
4. Damages
   • You must prove that you suffered actual harm due to the property owner’s negligence. This can include:
     • Medical expenses.
     • Lost wages.
     • Pain and suffering.
     • Other related losses.

Steps to Prove a Property Owner’s Negligence

1. Document the Scene
   • Take photos or videos of the hazard that caused your injury. This might include:
     • Wet floors or spills.
     • Broken stairs or uneven surfaces.
     • Poor lighting conditions.
   • Capture the surrounding area, including any signs or lack thereof.
2. Gather Witness Testimony
   • Speak to anyone who witnessed the accident.
   • Obtain contact information for bystanders or employees who can confirm the hazardous condition or the lack of warning.
3. Obtain Surveillance Footage
   • If the incident occurred in a location with security cameras, request the footage. This can show how long the hazard was present and whether the property owner took reasonable steps to address it.
4. Review Maintenance Records
   • Evidence of poor maintenance practices can support your claim. For example:
     • Lack of routine inspections.
     • Neglected repair requests.
5. Establish Knowledge of the Hazard
   • Prove that the property owner knew or should have known about the hazard. This can be done by:
     • Showing prior complaints or incidents involving the same hazard.
     • Demonstrating that the hazard existed for an extended period, giving the property owner sufficient time to address it.
6. Consult Experts
   • In some cases, experts like engineers or safety inspectors can analyze the scene and provide testimony to support your claim.
7. Keep Medical Records
   • Medical records are essential to link your injuries to the accident. These documents should include:
     • Emergency room visits.
     • Physician evaluations.
     • Treatment plans and ongoing care.

Challenges in Proving Negligence

Proving negligence is not always straightforward. The defense may argue that:

• You were partially or fully at fault for the accident.
• The hazard was obvious and should have been avoided.
• The property owner took reasonable steps to address the danger.

An experienced premises liability attorney at Morgan & Morgan can counter these arguments and build a strong case for you.

Can a mailman sue for falling?

Mail carriers and postal workers face several possible dangers each day, but unlike sustaining an injury as a result of a dog bite, discovering which party should be held responsible for a slip and fall incident is not as easy to do for mail carriers. Mail carriers that fall at a post office have a relatively clear-cut case for workers’ compensation since the accident unfolded at their place of employment. However, how does a mail carrier address a slip and fall incident that occurs at a business or on a residential property?

The answer is not as clear for a slip and fall accident that injures a mail carrier outside of a post office location. Even if the cause of a fall outside of a post office is apparent, a mail carrier’s best option to receive compensation involves filing a workers’ compensation claim with the United States Postal Service (USPS). Nonetheless, filing a workers’ compensation claim with the USPS does not mean a mail carrier cannot file a personal injury lawsuit against another party such as a business or the owner of a residential property. Filing a civil lawsuit against a private property owner can help the USPS recover the financial losses generated by paying a workers’ compensation claim.

If you are a mail carrier who fell and sustained one or more injuries while on the job, you should contact an experienced workers’ compensation lawyer at Morgan and Morgan. One of our highly-rated attorneys can help you determine how to proceed with your case, whether it concerns filing a workers’ compensation claim or a personal injury lawsuit that seeks monetary damages. 

Can I sue my cable company for tripping over wires?

The most straightforward answer to this question is yes, you can. However, this will also depend on the specifics of your case. 

The criteria for determining your eligibility for compensation is the same as any other personal injury claim. First, you must ask if the cable company owed you a duty of care.

The answer to this question will depend on where and how the trip and fall incident occurred. Suppose the cable company was installing wires at your residence. In that case, they owe you a duty of care to a certain extent. In other words, it is their responsibility to ensure whatever installation process they follow is safe for you, your family, and your guests. Leaving unburied wires on the ground might be considered a form of negligence. 

Next, you must demonstrate that you got injured by an existing dangerous condition. This means you cannot file a claim or lawsuit for an injury if you cannot identify what injured you in the first place. For example, take pictures of the wires that made you trip if you can. 

Thirdly, you must establish a direct connection between your injuries and the dangerous condition. In other words, you must prove that the wires caused your injuries and not something else.

Lastly, the whole point of filing a trip and fall claim or lawsuit is to obtain compensation for the damages you sustained. For this reason, you must prove that you suffered actual damages following the trip and fall incident. 

Can I sue a spa for getting hurt?

Yes, you can sue a spa if you were hurt on the premises due to no fault of your own.

Common ways you may get injured at a spa include:

Sanitation 

Spa injuries can occur if conditions are unsanitary. Failure to sanitize and sterilize tools and surfaces can lead to bacterial infections that can be debilitating and even deadly. In Watsonville, California, a mother took herself and her daughter to a nail salon for pedicures. This trip ended up causing both of them to develop painful sores on their legs which were slow to respond to antibiotics. 

Investigators found high levels of tuberculosis-related bacteria in the salon's footbaths. The owner of the salon admitted to never cleaning the foot baths properly, which led to an outbreak impacting more than 100 area women who had services performed there. Many of these women were left with deep scars even after their wounds had healed. 

Unsafe chemicals

Spas often have a variety of chemicals they use for treatments. Improperly mixing, applying, or storing chemicals can lead to allergic reactions and chemical burns. Some of the chemicals used in hair and nail treatments have toxic properties. Suppose the technician fails to mix the right chemicals, leaves chemicals on too long, or fails to recognize allergic reactions right away. In that case, this can lead to severe injuries. 

A Fort Worth woman sued a hair salon and won $180,000 after proving a standard hair coloring appointment left her partially bald because of the improper application of hair dye product. Soon after leaving the hair salon, she noticed her scalp began to burn, and she developed skin lesions. Shortly after, clumps of her hair began falling out. She was later diagnosed with permanent hair loss by a dermatologist.

Improperly trained staff

When a spa hires unlicensed or improperly trained staff, this can lead to client injuries. Improper wax temperatures can lead to burns. Products being left on too long can cause scarring, baldness, and chemical burns. Even an improperly trained masseuse can cause damage if they work too long on fragile areas like the neck and cause a bone fracture. A poorly trained hairstylist could burn you with a curling iron or flat iron, or they could even cut you with their scissors. 

Poorly maintained premises

If a spa is unsafe, all sorts of injuries can happen to clients. Most frequently, slip and falls are the source of premises liability at spas. A slip and fall can occur if beauty products are spilled on the floor and not cleaned up, or you could slip and fall near a hot tub or pool. You may trip on loose or broken stairs, steps, or floorboards. Unsecured rugs and carpets may cause you to slide and lose your balance. 

If the spa has inadequate security, you could be assaulted by another patron, or a trespasser could cause you harm. If the hot tub isn't adequately maintained, you could be scalded because of a malfunctioning temperature gauge, or you could be burned or injured in a fire if electrical wiring is substandard. You could be injured due to biohazards in a hot tub or pool if they are inadequately maintained. 

These incidents could lead to any of the following injures:

• Scalp injuries
• Hair loss
• Permanent hair loss
• Allergic reactions
• Lash and eyebrow loss
• Chemical burns
• Cuts and abrasions
• Broken bones
• Bacterial infections
• Wax burns
• Staph infections
• Scarring
• Skin discoloration from laser treatments
• Burns from hot rocks

If you were injured due to a spa’s negligence, you may be entitled to compensation. Learn more by speaking to Morgan & Morgan today.

Can you sue a business for slipping on ice?

City ordinances and local laws generally dictate whether business owners, landlords, and even private property owners have a legal duty to remove ice and snow from public sidewalks and walkways. Typically, in areas where snow and ice can be a problem, there may also be state laws.

For example, in Colorado, the owners of stores, buildings, and other public spaces are required to remove snow and ice to ensure safe access to the public. In Massachusetts, property owners and landlords are accountable for snow and ice on every square inch of their property.

Still, most laws give property owners a reasonable amount of time to address hazardous conditions. For instance, in New York, property owners have four hours after the snowfall stops to take measures to ensure the safety of pedestrians. However, that only applies between the hours of 7 am and 9 pm. That means it could be complicated if you slipped and fell in the wee hours of the morning.  

Since laws vary from state to state, the best thing to do if you've suffered an injury from slipping on ice is to contact Morgan & Morgan. Our legal team can review the facts of your potential legal claim and explain your options. If you do have a valid claim, you won't have to worry about pursuing a complicated premises liability lawsuit on your own.

Are premise liability laws different in Florida?

Florida landowners have different duties to those entering their property, depending on the individual present. Although there is a current movement within the law to dispose of these distinctions, about half of U.S. states (including Florida) still maintain different duties that landowners owe to different types of people entering their land. 

The three categories of entrants are trespassers, licensees, and invitees. As a Florida landowner (or even just as a guest on another’s land), it is extremely important to know the duties that landowners owe to those on their property.

First, trespassers are all entrants to a piece of property until the possessor gives them permission to enter (either explicitly or implicitly). Under Florida law, trespassers are owed no duty of care from the landowner, which means that the only requirement for owners is to refrain from intentionally harming the trespasser. There is one important exception, though. If a Florida landowner has reason to know that trespassers are currently on their land, or that individuals regularly frequent their land (ex: children cutting across the property), they must warn these trespassers of any dangerous conditions that are not open or obvious to the trespasser.  

Therefore, if the owner knows of the trespassers, they effectively become invitees and are owed the same duties.

Second, licensees are those persons who enter a property with the permission of the landowner, either explicit or implied. These individuals enter the premises for their own pleasure or benefit and include both social guests and people who enter the property to sell wares (ex: Girl Scouts selling cookies). 

The duty landowners have to licensees is a duty not to intentionally harm them, as well as to either fix known dangers or sufficiently warn of their existence. Licensees, in general, enter a property and assume the risk of injury from any risks that they should be aware of.

Third, invitees are those persons who have been invited to the premises to provide a material benefit to the landowner, often for business transactions or if the individuals are employees. Land open to the public also turns all entrants into invitees. The duty a landowner owes to these individuals is a duty of reasonable care to protect them against both known dangers and those that could be revealed by a close inspection of the premises. Invitees have been described as having reason to believe that “the premises have been made safe to receive them.”

If you were injured on someone else’s land in Florida, Morgan & Morgan can help determine what category you register as and discover whether a property owner failed their duty.

Can I sue if a ceiling fell on me?

After such a structural failure, it’s important that you hire a qualified ceiling collapse lawyer to investigate who was at fault for your injury. Depending on the circumstances surrounding the collapse, any number of people may have been at fault, including the property owner, building manager, construction company, or building contractor.

For example, suppose you rent an apartment and the ceiling collapsed due to a lack of maintenance. Chances are, your landlord will be liable for your injuries and damages. That’s because it’s their job to periodically inspect the building, identify problems, and make necessary repairs. Provided they were maintaining the property as they should, they would have been aware of potential dangers to you and taken steps to address them.

Or suppose a construction crew failed to mark off a dangerous building and the ceiling collapsed while you were inside. In this case, the crew may be negligent and liable for your injuries. No matter the scenario, a ceiling collapse attorney at Morgan & Morgan can help you determine who was at fault and hold them accountable.

Why Choose Morgan & Morgan for Your Premises Liability Case?

Morgan & Morgan is America’s largest personal injury law firm, with a proven track record of successfully handling premises liability claims. Our dedicated attorneys bring decades of experience navigating complex premises liability cases, access to top experts, investigators, and technology to build a strong case, and a "For the People" commitment to personal injury victims, ensuring clients never pay unless we win the case.

We’ve recovered billions of dollars for our clients, helping them rebuild their lives after devastating accidents, and we may be able to help your case. Find out more today with a free case evaluation.