Slip and Fall Accidents: When Is a Property Owner Responsible?

Slips, trips and falls are among the most common reasons people are hurt on someone else's property: a wet floor in a store, an icy entrance, a broken stair or a cracked sidewalk. Not every fall leads to a legal claim. Whether a property owner is responsible depends on the facts and on state law.

This guide explains the main ideas in plain English. It is educational only and not legal advice.

What premises liability means

Premises liability covers injuries caused by dangerous conditions on property. The basic idea is that someone who owns or controls a property must act reasonably to keep it safe for people who come onto it. The details are set by state law and differ from state to state.

What property owners generally owe visitors

Traditionally, the duty depended on why the visitor was there. An invitee is someone who enters with the owner's express or implied invitation, such as a customer in a store. For invitees, the owner is typically expected to use reasonable care to keep the premises reasonably safe, and to warn of known dangerous conditions that are not open and obvious.

Historically, social guests (licensees) and trespassers were owed less. But some courts, beginning with the California Supreme Court in a well-known 1968 case, moved away from these categories and adopted a general reasonable-care standard. Many other states have followed that approach in some form, so the visitor's category matters more in some states than in others.

What usually has to be shown

• A dangerous condition such as a spill, ice, a loose carpet, poor lighting or a broken step.
• Notice. The owner knew about it, or it existed long enough that a reasonable owner would have found and fixed it.
• Failure to act reasonably by repairing it or warning visitors.
• Causation. The condition caused the fall and the injuries.
• Damages, such as medical costs, lost income and pain.

Common defenses

• Open and obvious hazards. A hazard that a reasonable person would notice and avoid may not require a warning.
• Shared fault. If you were distracted or ignored a warning sign, a court may assign you part of the blame. See comparative negligence.
• No notice. The owner may argue the condition appeared moments earlier and they could not have known.
• Not the responsible party. A tenant, landlord, contractor or government body may each be responsible for different areas.

What to do after a fall

1. Get medical help if you are hurt and see a professional soon after, even if the injury seems minor.
2. Report the fall to the store manager or property owner and ask for a written incident report. Keep a copy or note the report number.
3. Photograph the hazard and the surrounding area before it changes, including lighting, signs and your footwear.
4. Get witness names and contact details.
5. Keep your shoes and clothing as they were.
6. Be careful with statements to insurers and avoid guessing about why you fell.

Frequently asked questions

This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.