While slip/trip and fall injuries are one of the most common types of injuries (millions of Americans will be injured by slip and fall accidents this year and approximately 14,000 people will die as a result of their injuries), they can also be one of the most difficult for attorneys to win.  They are often undervalued by defense counsel and insurance companies, and many plaintiffs’ attorneys don’t know how to properly establish these claims.

Slip/trip and fall accidents can occur in a variety of locations: supermarkets, restaurants, private residences, commercial buildings, parking structures, airports, bus terminals, train stations, public sidewalks and roadways, etc.  

There is a reason for every fall, but these reasons may not always be obvious or clear.  In order to be successful in a slip/trip and fall case, the plaintiff must establish that the reason for the fall was a dangerous condition or hazard that existed on the premises, which created an unreasonable risk of harm to the plaintiff, and that this unreasonably dangerous condition was either created by the defendant or had existed for sufficient time that the defendant should have become aware of the condition and rectified it.

But, very often in slip/trip and fall cases, the only witness to the incident is the victim.  In such cases, proving that a dangerous condition caused the plaintiff’s fall will often depend entirely on the effectiveness of the available evidence (such as pictures of the site), documenting the nature of the condition, gathering useful discovery responses from the defendant regarding the premises and its upkeep, and employing skilled and experienced experts to prove that the condition was a dangerous slipping or tripping hazard.

Slippery Walkway

For example, where a fall occurs due to a slip on a surface that has been made wet by liquid (such as rain or water from sprinklers), the plaintiff will need to show that the surface created a dangerous condition when wet.  This can best be done through the measurements of an experienced expert showing that the coefficient of friction on the surface was too low when wet, which created an unreasonable slipping hazard, taking into account other factors such as the presence of handrails, treads, risers, etc. as well.  

Defective Public Sidewalk

Where a fall has occurred as a result of an elevated lip on a public sidewalk, the plaintiff must show that the defect in the sidewalk is not trivial, usually by showing that the increase in elevation of the lip was more than ¾ of an inch.  The plaintiff’s expert may also consider other factors like the demographics of use, the reasonable expectations of a pedestrian in that area, and any features in the area likely to distract the pedestrian’s attention or disrupt the pedestrian’s line of sight.

Spilled Liquid in a Store

Where a fall has occurred in a store due to a slippery condition created by something that was spilled on the floor by some unknown person, the store may be held liable for the fall if the plaintiff can prove that the store had notice of the spill or should have had notice of the spill under the circumstances because of how long the spill had been present on the floor.  Experienced attorneys and experts know how to prove this through eyewitness testimony, market sweeping logs and cleaning records, and other forms of evidence.

All of these types of cases require special elements of proof to establish that the condition causing the fall was an unreasonably dangerous hazard for which the defendant had notice and should be held liable. 

Attorneys at the Law Offices of W. Douglas Easton have many years of experience in handling slip/trip and fall cases. We know how to use the tools of the law and reputable experts to our clients favor in proving that a slip/trip and fall accident was caused by a dangerous condition on the premises.  Our years of experience also allow us to seamlessly assess and coordinate medical care to make certain the full extent of our clients’ injuries are identified, treated, and provable. 

We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a claim, and at the Law Offices of W. Douglas Easton we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and stratagems. 


Please call us at (714) 850-4590 for a free initial consultation. If we do not take your case, there is no charge.