Premises Liability Basics
Property owners — homeowners, landlords, businesses, and government entities — owe varying duties to visitors. Customers and other invitees are owed the highest duty: reasonable inspection and repair, plus warning of known hazards. Social guests (licensees) are owed warning of known hazards. Trespassers are usually owed only the duty not to cause intentional harm.
Not every fall produces a claim. The fact that you fell does not mean the property owner did anything wrong. You must prove the owner knew (or should have known) about a dangerous condition and failed to fix it or warn about it.
Notice — The Key Battleground
Most slip-and-fall cases turn on 'notice.' How long had the spilled liquid been on the floor? Was there a leak the manager knew about? Had other people complained? Was the hazard created by the store's own employees, in which case notice is automatic?
Surveillance footage often makes or breaks these cases. Send a written preservation letter to the property owner within days of the incident — most retailers overwrite footage within 30 days.
Comparative Fault
Most states reduce your recovery by your percentage of fault. If a jury finds you 30% at fault for not paying attention, your damages are cut by 30%. A few states bar recovery entirely if you are 50% or more at fault, and a handful still apply the harsh 'contributory negligence' rule that bars any recovery if you bear any fault.
Insurance defense lawyers vigorously argue that the hazard was 'open and obvious' and that you should have seen it. Photos, weather data, and witness statements can rebut this argument.
What to Do Immediately
Report the fall to the property manager and ask for a written incident report. Photograph the hazard before it is cleaned up. Get witness names. Seek medical care the same day. Save the shoes and clothes you were wearing — they may be evidence.
Submit your case through National Legal Connect to be matched with premises liability attorneys who handle slip-and-fall claims in your state.
Frequently Asked Questions
Do I need a lawyer for a personal injury matter?+
Most personal injury situations benefit from a free consultation with an attorney. A lawyer can review your facts, explain your options, and tell you whether your case is worth pursuing — usually at no cost upfront.
How much does it cost to talk to a personal injury attorney?+
Most attorneys in our network offer free initial consultations. Many personal injury cases — especially injury and employment matters — are handled on contingency, meaning you pay nothing unless the attorney recovers money for you.
How long do I have to take legal action?+
Every state has a statute of limitations — a strict deadline for filing a claim. Deadlines vary by state and case type and can be as short as one year. Talk to a local attorney quickly so you do not lose your rights.
How does National Legal Connect match me with an attorney?+
Submit your case for free. We route your request to attorneys in our network who handle this type of matter in your city and state. There is no obligation to hire anyone who contacts you.
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