How is Negligence Proven in a Slip and Fall Claim?

How is Negligence Proven in a Slip and Fall Claim?
Calendar icon July 7, 2023

A slip and fall accident involves a walking hazard, such as a wet floor, stairs missing a step, or loose floorboard, causing someone to lose their balance and fall to the ground. Colliding with the hard ground can damage the body and result in severe injuries, such as a traumatic brain injury (TBI), shoulder injury, or facial injury. 

Victims of slip and fall accidents can experience damages like medical bills, lost wages, and loss of enjoyment of life that they can pursue compensation for through a slip and fall accident claim. To recover full compensation for damages, victims must prove the at-fault party’s negligence.

How is Negligence Proven in a Slip and Fall Claim?

They must gather evidence to prove the at-fault party owed them a duty of care that they failed to uphold, which resulted in the victim suffering harm and experiencing economic and non-economic losses.

Slip and Fall Accident Victims Must Prove Negligence to Recover Compensation

In personal injury claims, victims must prove the at-fault party’s negligence to recover fair compensation for their damages. That is no different regarding slip and fall accidents caused by walking hazards. Slip and fall accidents caused by walking hazards like wet floors, parking lot potholes, and wires running across the floor can cause economic and non-economic damages. 

The victim may wish to hold the at-fault party accountable for causing the accident, but doing so requires proving negligence. It is not enough to just say the at-fault party caused the accident; a slip-and-fall accident victim must establish the liable party’s negligence by gathering tangible evidence regarding the at-fault party’s negligent behavior and the victim’s damages.

What is Duty of Care and How Does It Apply to a Slip and Fall Accident Claim?

One of the elements of negligence slip and fall accident victims need to establish is called duty of care. This legal obligation requires people to act reasonably and safely to prevent others from suffering harm and serious injuries.

People must make decisions that can keep others safe. The point behind the duty of care is to impose the importance of protecting others from harm to prevent people from acting recklessly.

Duty of care applies to property owners, business managers, and employees responsible for keeping people safe on their property. They must ensure their property does not have walking hazards or warns visitors of walking hazards that do exist.

Failing to consider the health and well-being of visitors and leaving walking hazards unfixed is considered breaching duty of care and can leave that party liable for damages.

How Can You Prove the Four Elements of Negligence in a Slip and Fall Accident Claim?

Before a victim can prove a slip and fall accident claim, it’s important to know what elements they must prove. Negligence is a failure to meet a standard of behavior that can keep others safe and can include purposeful or accidental behavior. Proving negligence and holding a party accountable for damages involves proving the four elements of negligence.

The following are the four elements of negligence:

  • The at-fault party owed you a duty of care
  • The at-fault party breached the duty of care through negligent behavior
  • The victim suffered harm because of the breach of duty of care
  • The victim suffered economic and non-economic damages

Slip and fall accident victims must collect evidence that can prove each of the four elements of negligence. They must establish the duty of care, what behavior breached the duty of care, how that caused harm, and what damages they suffered.

What Evidence Can Help You Prove Negligence in a Slip and Fall Accident Claim?

The best way to prove negligence in a slip and fall accident claim is to collect evidence to establish each of the four elements of negligence. Evidence collection is one of the most important steps in the slip and fall accident claims process, as tangible evidence takes arguments from hearsay to fact.

The following is some evidence that can help prove negligence in a slip and fall accident claim:

  • Photographic or video evidence of the slip and fall accident
  • Photographic proof of the walking hazards
  • Visual evidence of the severe injuries suffered by the victim
  • Eyewitness or expert witness testimonies
  • Medical records
  • Police reports
  • Previous complaints from other slip and fall accident victims

Who Can Be Held Liable for a Slip and Fall Accident Claim?

The potentially liable party in a slip and fall accident claim is the party whose negligence caused the accident. The property owner is usually liable for damages in a slip and fall accident claim. It’s their property, meaning they must ensure there aren’t walking hazards that can cause slip and fall accidents. Failing to do so can leave them liable for damages.

A business manager that runs a restaurant, store, or other public property can also be liable if they leave walking hazards unfixed while overseeing the property. A landlord could be liable if the renter notified them of an issue to fix, but the landlord failed to do so promptly.

To determine the liable party, a slip and fall accident victim’s best course of action is to hire a slip and fall accident lawyer who can walk them through potentially liable parties.

Should You Hire a Lawyer to Help With Your Slip and Fall Claim?

After a slip and fall accident, hiring a slip and fall accident lawyer can help with the claims process. They will know the best way to prove the at-fault party’s liability and can help you collect tangible evidence to prove its role in your slip and fall accident.

With the help of an experienced lawyer, you can recover compensation for damages like medical bills, lost wages, and pain and suffering. A slip and fall accident lawyer can help a victim by assessing the value of their claim, explaining their rights, and negotiating a fair settlement.

Contact Cellino Law for Help With Your Slip and Fall Claim

The slip and fall accident lawyers at Cellino Law have helped victims of slip and fall accidents recover compensation for accidents at large stores like Aeropostale, Big Lots, and Bath & Body Works.

We understand how slip and fall accident injuries can have a life-changing impact and wish to offer our expertise to help you recover fair compensation for your damages. Contact Cellino Law today for a free slip and fall accident consultation by calling us at (888) 888-8888 or leaving a message on our online contact page.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



Free Case Review




  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!


  • Thank you for all your help. It has been a long journey. At last, the light at the end of the tunnel. Also, thank Tom for the help and work he put in.


  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.


  • Thank you for your time, effort, and hard work on my case. I appreciate your expertise and compassion. I never experienced what I went through and I would have been completely lost without you.


  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support


  • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

    Kerrijo & Jerry