A slip and fall, or a trip and fall, are the most common premises liability claims based on a person slipping or tripping on the premises of another, and, as a result, suffering injuries.

Premises liability actions generally require the proof of two issues.  Plaintiffs must establish that a dangerous condition existed and that the defendants had prior notice or warning of that dangerous condition.

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Notice can be established through the proof of either actual notice or constructive notice.

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In a slip and fall incident in a supermarket, for example, actual notice would require proof of a supermarket employee actually seeing with her own eyes a spill and failure to clean or cone off the area before the incident.  Unfortunately, actual notice rarely occurs because an employee would have either cleaned up or coned off the area already.

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Most cases involve constructive notice.  Under this scenario, plaintiff must establish that the premises owner should have discovered the dangerous condition had he/she performed reasonable inspection of the area where plaintiff fell.

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Please contact the Law Office of Danny Soong or 1toplawyer.com, if you or any of your loved ones have been involved in a premises liability accident.