Challenges in Slip and Fall Cases

Slip and fall cases present special challenges. In a car accident, generally one party is clearly liable. In a slip and fall case the defense usually asserts a defense of comparative negligence and, therefore, a plaintiff’s actions are usually questioned. These questions include whether the plaintiff was on notice of the condition that led to the fall before the fall; whether the plaintiff clearly saw what he or she slipped or tripped on; and whether a report was filed contemporaneously with the event. If you’ve slipped or tripped, note immediately what caused your accident; if possible, get pictures. Always list out witnesses at the time of the incident and report the incident right after it happens.