Determining Who Is Liable in a Slip-and-Fall Accident [2025 Guide]

Who Can Be Liable?

Liability in a slip-and-fall accident depends largely on who controlled the property where the injury occurred and whether they failed in their legal duty to maintain safe conditions.

In many cases, liability isn’t limited to just one individual or entity.

Multiple parties, such as landlords, tenants, business owners, or even government agencies, may share fault depending on the unique circumstances.

Common potentially liable parties in slip-and-fall cases include:

1. Commercial Property Owners and Tenants
2. Residential Landlords and Property Managers
3. Government Agencies
4. Third-Party Contractors and Maintenance Companies

1. Commercial Property Owners and Tenants

Slip-and-fall injuries frequently occur in businesses such as supermarkets, retail stores, restaurants, malls, and hotels.

Under premises liability law, commercial property owners and operators have a duty of care to keep their premises safe for visitors and customers.

Responsibility includes:

• Regularly inspecting for hazards, such as spills, loose rugs, and uneven flooring
• Promptly addressing or repairing known dangers
• Providing visible warning signs when immediate repair isn’t possible

If someone falls due to a known or foreseeable hazard, like a wet floor without a warning sign, the business may be liable.

In leased commercial spaces, both the negligent property owner and the tenant (such as the business renting the space) could bear responsibility.

Liability typically depends on who was in control of the specific area where the fall occurred.

2. Residential Landlords and Property Managers

In multi-unit residential properties like apartment buildings or condo complexes, landlords and property managers are usually responsible for maintaining common areas, including the following locations.

Things that landlords are responsible for can include:

• Sidewalks and entryways
• Stairwells and hallways
• Laundry rooms and parking lots

If someone slips due to unshoveled snow, poor lighting, or a broken step in a shared area, the landlord or management company may be held accountable.

If the fall occurred inside a private unit, the tenant may bear liability if their actions (or inaction) caused the hazardous condition, like a spilled liquid or a cluttered floor.

3. Government Agencies

If a slip-and-fall accident occurs on public property, such as a city sidewalk, public school, government office, or courthouse, the local, state, or federal government agency responsible for maintaining that space may be liable.

If a city fails to salt an icy public walkway after a snowstorm, and someone falls, the city could be at fault.

Suing a government entity involves additional legal hurdles, such as shorter filing deadlines and strict notice requirements under the Illinois Court of Claims Act or the Local Governmental and Governmental Employees Tort Immunity Act.

These claims must be handled with precision and urgency.

4. Third-Party Contractors and Maintenance Companies

Many businesses and property owners outsource maintenance duties to third-party contractors.

If a janitorial company fails to properly dry floors after mopping or a snow removal service leaves icy patches unattended, that contractor may be directly liable for any injuries caused by their negligence.

In some cases, liability may be shared between the contractor and the property owner if both parties contributed to the hazardous condition or failed to take appropriate corrective action.

Proving Liability

To succeed in a slip-and-fall lawsuit, the injured party must do more than simply show they were hurt — they must also prove the property owner’s negligence caused the injury.

This means establishing that a dangerous condition existed, that the responsible party knew or should have known about it, and that they failed to address the hazard in a reasonable amount of time.

Slip-and-fall cases fall under premises liability law, which places a legal obligation on those who control property to maintain safe conditions for guests, customers, and other lawful visitors.

To establish liability, several elements must be proven.

A Dangerous Condition Existed

The first step in proving liability is demonstrating that a hazardous condition existed on the property.

This could include:

• Wet or slippery floors without warning signs
• Loose floorboards or torn carpeting
• Cracked sidewalks or uneven pavement
• Poor lighting in stairwells or hallways
• Ice or snow accumulation
• Debris or clutter in walkways

Photographs, incident reports, and witness statements can help document the condition and establish the basis of the personal injury claim.

The Property Owner Knew or Should Have Known About the Hazard

The injured party must show that the property owner, landlord, or responsible party had actual or constructive knowledge of the hazard.

This can be proven in a few ways, including:

• Actual knowledge means the person in charge was directly aware of the hazard. For example, an employee saw a spill but didn’t clean it up.
• Constructive knowledge means the hazard existed long enough that the responsible party should have discovered and addressed it through routine inspection and maintenance.

In commercial settings, surveillance footage, maintenance logs, or employee statements can provide key evidence of notice.

The Hazard Was Not Corrected or Properly Warned Against

Once knowledge of the hazard is established, the next step is to show that the responsible party failed to take reasonable steps to fix the problem or adequately warn visitors.

Example situations includes:

• A spill remained on a grocery store floor for over an hour without signage or cleanup
• A broken step was reported to a landlord but remained unrepaired for weeks
• A city failed to salt a known icy public sidewalk after a snowstorm

Property owners are not automatically liable for every injury, but they are expected to take timely and reasonable action to prevent harm.

The Dangerous Condition Directly Caused the Injury

Finally, there must be a clear causal link between the hazard and the injury.

The injured person must prove the following:

• They slipped, tripped, or fell because of the specific condition.
• The condition was not open and obvious (or they had a valid reason for encountering it).
• The fall led to actual damages, such as medical expenses, lost wages, or pain and suffering.

Medical records, expert testimony, and a detailed account of the incident help solidify this connection.

Why Proving Liability Requires Legal Help

Slip-and-fall cases often hinge on nuanced legal arguments and evidence that isn’t always easy to collect without legal assistance.

Defendants may argue that the hazard was minor, that the victim was distracted, or that the condition was “open and obvious” and should have been avoided.

An experienced attorney from TorHoerman Law can investigate the incident, gather critical evidence, work with expert witnesses, and build a compelling case for liability.

Proving negligence is not just about showing that someone fell — it’s about demonstrating that a responsible party failed to uphold their duty of care.

Common Types of Slip-and-Fall Injuries

Slip-and-fall accidents can result in much more than momentary embarrassment.

While some people walk away with only minor bruises, others suffer serious, long-lasting injuries that require extensive medical treatment and rehabilitation.

Understanding the types of injuries that commonly result from these accidents can help victims recognize the true impact of a fall and why pursuing compensation may be necessary.

1. Bone Fractures

Broken bones are among the most common slip-and-fall injuries, particularly in the hands, wrists, hips, and ankles.

When someone tries to break their fall, the force can easily cause a break or crack in a bone.

Hip fractures are especially serious, particularly for older adults, often requiring surgery and leading to prolonged recovery periods or reduced mobility.

These injuries can drastically affect a person’s independence and quality of life.

2. Back and Spinal Cord Injuries

Falls can cause herniated discs, spinal misalignments, or even damage to the spinal cord itself.

These serious injuries can lead to chronic pain, numbness, or, in severe cases, partial or full paralysis.

Treatment may involve physical therapy, pain management, or even surgical intervention.

Back injuries often limit a person’s ability to work or carry out routine daily activities.

3. Traumatic Brain Injuries

If a person strikes their head during a fall, whether on a hard surface like concrete or the edge of furniture, the result can be a concussion or more severe forms of traumatic brain injury.

Symptoms may not appear right away, but over time, they can include dizziness, headaches, memory loss, confusion, and mood changes.

In some cases, these injuries lead to permanent cognitive impairment.

Prompt medical attention is crucial, and the long-term consequences may significantly affect the victim’s life and earning capacity.

4. Soft Tissue Injuries

While often harder to detect immediately, soft tissue injuries such as sprains, strains, and torn ligaments can cause significant discomfort and reduced mobility.

These injuries can take weeks or months to heal and may require ongoing physical therapy.

Insurance companies sometimes downplay soft tissue injuries because they don’t always show up on X-rays, but they can be just as debilitating as more visible injuries.

5. Cuts, Bruises, and Abrasions

Though less severe than other types, cuts and abrasions can still lead to complications, especially if they become infected or occur on the face, hands, or joints.

Deep lacerations may require stitches and leave scars, which can be distressing both physically and emotionally.

6. Emotional and Psychological Effects

Injuries from a slip-and-fall don’t always heal with time.

Victims may develop anxiety, PTSD, or a fear of walking in public spaces again.

These emotional effects are particularly common among elderly victims who may fear falling again and losing their independence.

Psychological injuries should not be overlooked when considering compensation.

Slip-and-fall injuries can have a serious, lasting impact.

Seeking prompt medical treatment and legal guidance ensures that the full scope of harm is understood and accounted for when pursuing a personal injury claim.

Overview of the Legal Process in a Slip-and-Fall Lawsuit

After a slip-and-fall accident, understanding the legal process can help victims feel more prepared and in control.

While every case is unique, most slip-and-fall lawsuits follow a general sequence of steps.

A skilled slip-and-fall attorney can guide victims through each phase, helping to protect their rights and improve their chances of a successful outcome.

Steps in the legal process for a slip-and-fall accident includes:

1. Reporting the Incident
2. Consultation and Investigation
3. Filing the Claim
4. Discovery and Negotiation
5. Trial (If Necessary)

1. Reporting the Incident

The first step is reporting the fall to the appropriate party, whether it’s a store manager, landlord, or government agency.

Prompt reporting not only ensures that the incident is documented but can also trigger an internal investigation, which may uncover helpful evidence such as surveillance footage or witness statements.

Medical attention should also be sought immediately, both for health reasons and to establish a clear record of injury.

2. Consultation and Investigation

Once a slip-and-fall lawyer is involved, they’ll begin an investigation.

This includes gathering evidence such as photos of the hazard, witness statements, maintenance records, and incident reports.

Attorneys may also request video surveillance, obtain expert opinions, and consult medical professionals to fully understand the scope of injuries and liability.

This phase is crucial to building a strong case before filing a formal claim.

3. Filing the Claim

After compiling sufficient evidence, your attorney will file a personal injury claim against the responsible party.

This legal complaint outlines the facts of the case, the legal basis for liability, and the damages being sought.

The defendant (property owner, company, or other liable party) will then have a set period to respond.

4. Discovery and Negotiation

During the discovery phase, both sides exchange evidence and take depositions.

This can last several months, depending on the complexity of the case.

At this stage, many cases are resolved through settlement negotiations.

Your attorney will handle these discussions with the property owner’s insurance company or legal counsel, fighting for a settlement that fairly compensates you for medical bills, lost wages, pain and suffering, and other damages.

5. Trial (If Necessary)

If a fair settlement cannot be reached, the case may proceed to trial to determine the at-fault party and award compensation to the victims.

Both sides present evidence, call witnesses, and make legal arguments.

A judge or jury will then determine whether the defendant is liable and, if so, how much compensation the victim should receive.

Trials can extend the timeline of a case significantly but may be necessary in high-stakes or contested claims.

Estimated Timeline

The timeline for a slip-and-fall lawsuit can vary greatly.

Some cases resolve within a few months, especially if liability is clear and damages are modest.

Others, particularly those involving severe injuries or disputed facts, may take a year or more to reach resolution.

Your attorney will keep you informed at every step and work to avoid unnecessary delays.

How TorHoerman Law Can Help

TorHoerman Law assists clients throughout the entire legal process, from initial consultation to resolution.

Our team handles paperwork, preserves evidence, negotiates assertively, and prepares for trial if necessary.

We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Partner With Experienced Personal Injury Lawyers

Slip-and-fall accidents can cause serious injuries and unexpected financial burdens, but victims don’t have to navigate the legal process alone.

Determining who is liable is the first step toward holding the right party accountable and recovering compensation for your medical expenses, lost wages, and pain and suffering.

At TorHoerman Law, we’re committed to helping injury victims understand their rights and pursue fair outcomes with compassion and expertise.

Our team offers free consultations and works on a contingency fee basis, so there’s no financial risk to getting the legal help you need.

Contact us today to explore your legal options.

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