Slip and Fall Claims: When Is a Property Owner Actually Liable?

Falling on someone's property does not, by itself, make the owner liable. Premises liability requires proving a hazard existed (the wet floor, broken step, ice patch, uneven pavement), that the owner knew or reasonably should have known about it, that they failed to fix it or warn within a reasonable time, and that the hazard — not mere inattention — caused the fall and injuries. The knowledge element, called "notice," is where most slip-and-fall cases are won or lost: the grape dropped seconds before you stepped on it is a very different case from the leak that stained the ceiling for a month.

## Actual vs. constructive notice
Actual notice means the owner knew — an employee saw the spill, a complaint was logged. Constructive notice means the hazard existed long enough that reasonable inspection would have found it — proven through evidence like the condition of the spill (dried edges, track marks through it), maintenance logs showing no inspections, or prior incidents in the same spot. This is why what you do in the first minutes matters: the puddle gets mopped, but its photograph doesn't.

## The evidence checklist at the scene
Photograph the hazard from multiple angles before it's corrected, including anything showing duration; report the incident and get the report's copy or number; collect witness contacts; preserve the footwear you wore (defense counsel will ask); and request in writing that the business preserve surveillance video — retention periods are short, and a prompt preservation letter (a lawyer's first move) is often the difference between having the fall on video and not.

## The defenses you'll meet
Comparative fault ("you weren't watching where you walked"), the open-and-obvious doctrine (hazards so apparent a visitor should avoid them), and lack of notice. Each is answerable — distraction was foreseeable in a retail environment, the hazard was in a walkway with no alternative, the inspection logs show negligence — but they're why these cases need evidence more than sympathy.

_Informational only; not legal advice._