How to Prove Negligence in Slip and Fall Cases

A man sitting on the stairs, holding his back, after a slip and fall accident.

Have you suffered a debilitating injury after you slipped and fell? 

You may have recourse to recover financial compensation. However, the proof of burden is on you, the victim. You will have to prove that the property owner was negligent in some way in what is termed duty of care. It can be complicated legally, so we suggest you contact a highly qualified attorney specializing in slip-and-fall negligence cases to help you recoup your losses.

  • We are the law firm of Jack Bernstein, personal injury lawyers located in Tampa, Florida 
  • We can represent you in a slip-and-fall case
  • We have a proven track record of winning slip-and-fall cases


How can I prove negligence in a slip-and-fall case?

Proving negligence in a slip-and-fall case requires all the evidence to be collected and presented in a clear and compelling manner to convince the judge you were not at fault. We realize that right after your injury you are not thinking clearly and are in pain. But if you saw witnesses to your accident, get their names and numbers. It is even better to immediately take photographs (a cell phone camera is fine) of where you slipped and fell. Often, the condition which led to the fall is quickly cleared or removed so that it’s hard to collect evidence of the event.

That’s where a Tampa slip-and-fall attorney would step in to help you collect the following evidence:

  • Video surveillance tape
  • Eyewitness accounts
  • Police reports
  • Medical records
  • Possible previous complaints against the property owner
  • Emails
  • Inspection logbooks
  • We will find and uncover any information that involves your slip-and-fall case

Who is at fault in a slip-and-fall case?

A property owner is expected to use reasonable care by using safety precautions to prevent slip and fall accidents from happening in the first place. The slip and fall fault would be considered negligence by the owner because it is up to whoever owns the property to keep the premises in a safe condition. For example, there could be a slipping or tripping hazard that has been neglected and causes a person to fall or slip and get injured. That situation could be the basis for a lawsuit. The slip and fall liability will be held against the property owner.

Are slip and fall accidents common?

Statistics show that slip and fall accidents are among the leading causes of injury and death in the United States. Many of these accidents could have been prevented with proper safety procedures. The reality is that slips and falls will continue to rise, whether in the workplace, at home, or in the public sphere. People can fall off ladders, trip on cracked sidewalks, slip on rugs or puddles of water, and other scenarios of unsafe conditions. Older people in particular are more prone to slip-and-fall accidents. But age isn’t the main factor attributed to slips and falls; it is unsafe conditions.

Are slip and fall injuries common?

Slip and fall injuries are more common than people realize. Many people don’t report their injuries if they don’t think it’s severe enough to go to the hospital. For example, you could sprain an ankle or wrist after a slip or fall but treat it yourself. It may prevent you from working and therefore impact your income, causing your bills to pile up. We recommend always checking with your doctor first and a slip-and-fall attorney second. We have won numerous slip and fall cases. Our experience in this type of personal slip and fall injury case is our specialty in Florida, so call us today!

A gavel on a Tampa slip and fall attorney's desk.


CDC. Older Adult Fall Prevention. Duty of Care. Duty of Care.
National Floor Safety Institute. Slip & Fall Quick Facts.
NSC. Make Fall Safety a Top Priority.
NSC. Top 10 Preventable Injuries.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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