Slip and fall cases are some of the most complex personal injury cases to litigate due a variety of compounding factors. For one, the plaintiff must be able to attribute their fall to the place of business’ negligence. This is particularly difficult to prove, considering that in order to assert the business owner’s negligence, there must be proof that they had previous knowledge of faulty conditions and did not make adjustments accordingly.
Foremost, it is important to acknowledge that slip and fall cases are typically considered negligence cases and thereby must follow the same legal patterns as negligence cases. As with other tort and negligence cases, assessing the legal liability of the accused party can be accomplished by evaluating three critical elements of a slip and fall case. These elements are duty, breach of duty and causation.