For individuals hurt in a slip and fall accident it is not enough to prove that you slipped and fell on a slippery substance and that you were injured as a result of that fall. Rather, in order to prevail against a Defendant in a slip and fall case, you must also prove that the Defendant had notice that the dangerous condition existed before you had your accident.
Although this is a difficult standard to meet, there are numerous ways to prove that a Defendant had notice of a dangerous condition.
First, you can prove notice by showing that the Defendant had actual notice of the dangerous condition. An example of actual notice would be if the Defendant’s employee admitted that they saw the spill before the accident occurred and failed to clean it up.
A second way to prove notice is by showing that the Defendant had “constructive notice” of the dangerous condition. Constructive notice can be proven by showing that a reasonable person should have known of the dangerous condition even if the Defendant was unaware of the condition. An example of construction notice would be a spill that that was not noticed or cleaned up by Defendant for a significant period of time before the accident occurred.
A third way of satisfying the notice requirement in a slip and fall case is by proving the Defendant created the dangerous condition. For example, if the item which an individual slipped and fell on was dropped by a Defendant’s employee, the notice requirement is satisfied.