Were you injured in a slip-and-fall accident? Are you wondering who might be responsible for your injuries and the financial strain they’ve caused you?
Even a seemingly minor fall can have lasting consequences for victims. The Centers for Disease Control and Prevention (CDC) reports that more than 42,000 people nationwide died from accidental falls in one recent year. Costly medical bills and missed wages mean slip-and-fall accident survivors often take a substantial financial blow.
Many Hawaii slip-and-fall accidents result from a property owner or manager’s negligence. Landowners are responsible for maintaining their premises. When a hazardous condition puts others at risk, the responsible party may be held liable if someone gets hurt.
If you or a loved one sustained injuries in a slip-and-fall accident on Oahu, reach out today. Our experienced attorneys have recovered millions of dollars in compensation for personal injury victims. We have the knowledge and resources to handle the most challenging cases and a track record to prove it. Call or contact us today for a free consultation.
How Duty of Care Works in Slip-and-Fall Cases
Property owners, business owners, and managers must take steps that a reasonable person would take under similar conditions. The expected level of care depends on the property’s purpose and who uses it.
For example:
- Stores must inspect aisles, clean spills promptly, and fix hazards that could injure customers.
- Hotels must maintain common areas, stairways, and hallways, and keep lighting functional.
- Landlords must address hazards in shared spaces such as walkways, elevators, and laundry rooms.
- Private homeowners must warn invited guests of hazards they know about.
This responsibility is known as the property owner’s duty. When the owner fails to address unsafe conditions or fails to fix hazards in a timely manner, they may be held liable.
Dangerous Conditions That Commonly Lead to Falls
A slip and fall accident can occur in many ways, but liability often centers on whether the hazard should have been found and fixed. Common hazards include:
- Wet or slippery surfaces inside stores or restaurants
- Rainwater tracked into building entrances
- Loose floorboards, torn carpeting, or broken tiles
- Poor lighting in hallways, stairwells, or parking lots
- Potholes in parking areas
- Cracked sidewalks or uneven steps
- Missing handrails or unstable stair rails
- Debris left in aisles or walkways
- Recently mopped floors without warning signs
Each hazard creates a risk that a visitor will lose balance and fall. When a dangerous condition exists long enough that a property owner should have discovered and corrected it, the owner may be responsible for injuries.
When a Property Owner Is Not Liable
There are situations when the owner is not responsible for a slip and fall. These include:
- The hazard occurred moments before the fall, and the owner had no reasonable opportunity to fix it.
- The hazard was open and obvious to a reasonable person.
- The victim ignored clear warning signs.
- The visitor entered an area not intended for public use.
- The victim engaged in unsafe behavior that contributed to the fall.
Premises liability law balances the property owner’s duties with the visitor’s responsibilities. This prevents owners from being unfairly punished for conditions no one could have expected.
Shared Liability in Slip-and-Fall Cases
Liability is not always limited to the property owner. Other parties may share responsibility depending on the location and circumstances. These parties may include:
Business tenants
A store leasing space in a shopping center often controls the inside of the store even though it does not own the building. If the fall occurs within the business, the tenant may be liable.
Property management companies
Owners often hire management firms to handle maintenance and safety inspections. If the management company fails to correct hazards, it may be liable.
Maintenance contractors
A contractor hired to clean or repair floors can be held liable if their actions create unsafe conditions.
Government agencies
Falls in public areas such as sidewalks, parks, or government buildings may involve local or state government responsibility. These cases involve special procedures and shorter deadlines.
Other visitors
If a person drops an item, spills a drink, or otherwise creates a hazard moments before the fall, liability may shift toward the individual rather than the owner.
Determining who is liable requires a detailed investigation of control, responsibility, and the duration of the hazard.
How to Prove Negligence in a Slip-and-Fall Accident
To succeed in a personal injury claim or slip and fall lawsuit, the injured person must generally prove that the property owner’s negligence caused the fall. Lawyers and insurance companies look at the following factors:
1. Did the owner know about the hazardous condition?
Actual knowledge occurs when:
- An employee saw the hazard.
- A visitor reported it.
- A prior incident involved the same hazard.
Constructive knowledge occurs when:
- The hazard existed long enough that the owner should have discovered it.
- Routine inspections would have revealed the hazard.
2. Did the owner ignore the hazard?
Negligence often involves:
- Failure to clean spills
- Failure to repair broken flooring
- Failure to provide adequate lighting
- Failure to put out warning signs
- Failure to remove obstacles or debris
If the property owner failed to take reasonable action, the court will likely find them liable.
3. Was the victim’s behavior reasonable?
Owners often argue that the victim was distracted or not paying attention. This may reduce compensation but does not always eliminate liability.
4. Did the victim suffer fall injuries?
Slip and fall injuries range from minor bruises to permanent disability. Medical records help document:
- Broken bones
- Head injuries
- Spinal cord injuries
- Soft tissue damage
- Long-term mobility issues
Proof of injury strengthens the case and shows the fall incident caused measurable harm.
Evidence That Strengthens a Slip-and-Fall Claim
Strong evidence helps identify the liable party and supports the claim for fair compensation. Important evidence includes:
Photos and Videos
Pictures of the accident scene, the hazardous condition, and the surrounding area provide clear documentation. Security footage can show how long the hazard was present or how the fall occurred.
Incident Reports
Businesses often create an incident report after a fall accident. This document records what happened and may reveal what employees noticed at the time.
Witness Statements
Witnesses help confirm the condition of the property and what the victim was doing before the fall.
Medical Records
Medical evaluation notes, diagnostic tests, and treatment plans show the extent of the injuries. Documented medical bills and future care needs play an important role in determining damages.
Maintenance Logs
Inspection and cleaning logs help show if the owner exercised reasonable care. Gaps in documentation may support a premises liability claim.
Slip-and-Fall Injuries Can Be More Serious Than They First Appear
Falls can cause a wide range of injuries. Some appear minor at first but later develop into long-term problems. Common injuries include:
- Torn ligaments
- Fractured wrists, hips, or ankles
- Back injuries
- Traumatic brain injuries
- Nerve damage
- Shoulder and knee injuries
- Internal injuries
Even minor bruises can hide more serious injuries. This is why injured people must seek medical attention as soon as possible. A fast medical evaluation protects health and strengthens the personal injury case by linking the fall to the injuries.
Why Liability Is Often Disputed in Slip-and-Fall Cases
Slip-and-fall accidents rarely involve simple fact patterns. Property owners often deny responsibility for several reasons:
- They claim the hazard appeared moments before the fall.
- They say the victim was distracted.
- They blame another party for creating the hazard.
- They insist the victim wore unsafe footwear.
- They claim proper warning signs were posted.
- They suggest the injuries existed before the fall.
Because so many disputes can arise, injured people benefit from legal help early in the process. A lawyer knows how to gather evidence, analyze maintenance procedures, and show where the property owner’s negligence occurred.
How Lawyers Prove Liability in More Complex Situations
Some slip and fall cases involve unclear conditions or multiple parties. A law firm with a proven track record in premises liability knows how to uncover facts that are not obvious.
Personal injury attorneys may:
- Review security footage from hours before the incident
- Analyze cleaning schedules
- Interview employees
- Review past complaints
- Inspect lighting, flooring, and layout
- Consult building code experts
- Document patterns of unsafe conditions
- Analyze weather conditions and drainage issues
- Reconstruct the scene when needed
This broader investigation helps identify the liable party, prove the dangerous condition existed, and show how the fall could have been prevented.
Reach Out to a Hawaii Slip and Fall Attorney Today
At Recovery Law Center, we understand that slip and fall accidents call for steady guidance and a team that puts your well-being first. Our role is to stand beside you, explain what matters, and protect your interests from day one.
This commitment is reflected in the experiences of the people we help. One client, Jonathan Freund, shared how we approached his case with care and respect:
Have been nothing but helpful, clear communication & done everything to make sure I’m taken cared for & have my best interest at mind. Gone through a car accident & did not want my girlfriend who was also a victim of the incident to be in any form affected negatively from this case, they’ve done nothing but helped me out with my situation & also protected my girlfriend on the case. Very appreciative towards the work & efforts this firm has done for my case, highly recommend & if you’re in need & been injured in a accident this firm has you & the ones you love backs.
If a slip and fall accident has changed your life, you do not need to sort through the process alone. Our team is ready to review your situation, answer your questions, and offer clear direction. Schedule a free consultation with us so we can help you take the next step toward stability, healing, and the compensation you deserve.
