Episode 4: Proving Negligence in Slip-and-Fall Cases

Just because you slipped and fell on something in a store does not, automatically, make the store liable. You must still prove negligence. The first step to proving negligence is proving that the store had notice of the hazard. Notice can be, either, “actual” or “constructive” notice. Actual notice is exactly what it sounds like. An agent or employee of the store must have seen the hazard themselves or they must have been told about it. Constructive notice is laid down by case law. So long as the store has reasonable inspection procedures in place, and they followed those procedures on the date and at the time of your fall, the hazard can be present for up to 15 minutes before the store is deemed to have “constructive notice”. The important takeaway here is that proving your case usually requires video evidence. The duty to preserve video evidence cannot be triggered if the store doesn’t know about your fall. So, always report your falls. Be sure a report is generated by a manager. And consult with an attorney.