It’s not uncommon to wonder what the difference between premise liability and slip and fall is. This is because slip and fall cases are under the umbrella of premise liability law and have their own type of slip and fall negligence as opposed to the standard elements of negligence under premise liability law. It’s important to understand that both types of lawsuits have different elements of negligence.
The elements of a premises liability case include:
Lawfully being on the property, or if not lawfully on the property, the owner knew the plaintiff was trespassing
The owner of the property was negligent in handling the unsafe conditions on the property and failed to repair the damage or provide an adequate warning
The owner’s negligence caused the plaintiff’s injury
The elements of a slip and fall case include:
The defendant must have caused or created the danger
The defendant must have known of the danger but failed to remedy the issue or provide warning
The defendant should have known of the hazard because a “reasonable person” caring for the premises would have taken care of it
To have a successful slip and fall case or premises liability case, it’s necessary to understand these elements and to be able to prove them. Although they may seem similar, understanding the differences and being able to explain your experience to an attorney will help you come out on top in your lawsuit.