A general statement that might cover most slip and fall cases is that the owner or person in charge of the property must exercise reason able care in the maintenance of their property and has a duty to warn visitors of any dangerous or defective conditions that are known or should be known by them.
Protect Your Rights By Documenting the Fall
Some basic tips to assist in documenting the negligence of the property owner, as well as your harms and losses, are the following:
1. Obtain the names of all of the witnesses to your fall. Because law enforcement are not generally called to a slip and fall, unlike a traffic crash, collecting this information is up to you and good people who witness the event. Unless you obtain the information, then most likely these witnesses will never be identified.
2. Obtain photographs of the fall site including the dangerous condition. Often, after your fall, the condition will be corrected. Documenting the evidence through photos is often very helpful to preserving your claim.
3. File a report about the fall. If in a store or on commercial property, documenting the fall is very important. Otherwise, the property owner or property manager will often claim the fall never happened.