January 23, 2020 | Personal injury

Every slip and fall is a two part equation. Liability is the first part.  Did someone do something (or fail to do something) that subjects them to liability?  In layman’s terms a property owner is subject to liability for harm by a condition on the property caused to someone who was invited onto the property when:

• The property owner knows or should have known that the condition existed, and that the condition involved an unreasonable risk of harm;
• Knows or should have known that the person invited onto the property will not discover or realize the danger
• And fails to exercise reasonable care to protect them against the danger.

A simple example illustrating the above legal test would be this: Big Corp owns a grocery store in Omaha.  Early morning on a Monday there is an ice storm that leaves most surfaces untreated with ice melt extremely slippery. Big Corp fails to put down any ice melt.  Big Corp goes about its normal business and invites patrons to come shop at their store. Average Joe slips and falls on black ice as he tries to enter the store.  Big Corp is very likely going to be liable, with a few exceptions.

There are many factual situations that may be present that can alter the equation of whether a property owner is subject to liability in a slip and fall. It’s heavily fact dependent because the term “reasonable care” may mean very different things depending on the circumstances present.  If a patron of Big Corp’s grocery takes several bananas off of the banana stand, accidentally drops a banana on the ground, and then subsequently slips on that banana, there is not much case for liability. If a Big Corp employee was haphazardly stocking that banana stand causing a banana to fall underneath the foot of an unsuspecting patron, you have a good case for liability. Liability, then, is the biggest hurdle in slip and fall litigation and the strength of your case depends on it.

That brings us to the second part of the equation: was there an injury?  Thankfully this is a much simpler piece of the equation.  If you suffered an injury and the property owner is liable, then you have a cause of action.  The strength of your cause of action depends on the nature and extent of your injury.  To discuss whether you have a case call us today at (402) 933-3345. Consultations are free.