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Proving Negligence in Slip-and-Fall Cases

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

When a slip-and-fall injury claim goes to court, the claimant and his/her attorney must prove a number of factors to the jury, including: that the claimant’s accident resulted from the negligence of the party being sued; the claimant’s injuries were caused by the accident; and the financial damages sought are due to the injuries sustained. However, while you are preparing these points, the lawyer on behalf of the insurance company will be preparing to tear them down.

In slip-and-fall injury cases, negligence is a common point-of-attack for the defense attorneys. If they can convince the jury that the client (the property owner or manager being sued) fulfilled his duty of care and the accident occurred despite the client’s reasonable precaution, the claimant may not receive compensation for his/her injuries regardless of their severity.

To prove negligence on behalf of a property owner in a slip-and-fall case, it must first be shown that he/she had “notice” of the hazardous condition which led to the claimant’s accident. Notice can take a few forms:

  • The property owner/manager or an employee created the hazardous condition/situation. No additional notice is required in these cases, as the owner/manager or employee is assumed to be aware of his/her own actions.
  • The property owner/manager received “actual notice” of the hazardous condition. This means that the condition was reported directly to the owner/manager, who then failed to repair the hazard.
  • The property owner-manager received “constructive notice” of the hazard. A property manager’s duty of care to his/her invitees generally includes regular inspections of the premises to identify and eliminate hazards of any kind. Provided that he/she was taking reasonable steps to do so, the notion of “constructive notice” means that he/she should have known about the particular hazard that caused the claimant’s accident.

For instance, retail stores commonly use “sweep logs” to keep records of exactly when floor-sweeps or visual inspections take place. These logs are highly beneficial in defense of slip-and-fall lawsuits, as they can prove that the employees responsible for maintaining the property demonstrated reasonable care regarding the discovery and elimination of potential hazards.

However, gaps or inconsistencies of any kind in sweep logs may imply a failure to adhere to a formal inspection schedule even when such was not the case, so claimants’ attorneys should pay close attention where sweep logs are concerned to prevent potentially-costly misunderstandings.

Another common argument posed by insurance lawyers in these cases is “comparative fault,” meaning that the injured claimant acted in a negligent or careless manner which led to the injury and, as such, should be held at least partially responsible for his/her injuries.

In asserting this notion, the defense is not necessarily denying negligence on behalf of the property owner, but rather attempting to lower the insurance company’s payout by spreading out the liability, thereby reducing the claimant’s compensation by a certain percentage. For this reason, proving that the claimant was reasonably careful at the time of the accident is essential to earn appropriate compensation for the injuries sustained.

If you or a loved one has been injured in an accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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