What is premises liability?
Premises liability is the legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Slip and fall cases are the most common type. Liability depends on the visitor's status (invitee, licensee, trespasser) and whether the owner knew or should have known about the hazard.
How does comparative fault affect my slip and fall claim?
Most states use comparative negligence, which reduces your award by your percentage of fault. In pure comparative negligence states (CA, NY, FL), you can recover even if 99% at fault. In modified comparative negligence states (TX, CO, IL), you are barred from recovery if 51% or more at fault. A few states still use contributory negligence — any fault bars recovery entirely.
What evidence do I need for a slip and fall claim?
Critical evidence: photos of the hazard taken immediately after the fall, incident report filed with the property owner, witness contact information, medical records documenting injuries, surveillance footage (request preservation immediately — it is often overwritten within 24–72 hours), and evidence the owner knew about the hazard (prior complaints, maintenance records).