Slip and fall cases are widely known. But they can be difficult to prove. “Generally, premises owners … have a duty to protect invitees from, or warn them of, conditions posing unreasonable risks of harm if the owners knew of the conditions or, in the exercise of reasonable care, should have known of them.

To recover in a slip-and-fall case, a plaintiff must prove that the defendant had actual or constructive knowledge of a dangerous condition on the premises such as a slippery substance on the floor, … which may be accomplished with a showing that ‘(1) the defendant placed the substance on the floor, (2) the defendant actually knew that the substance was on the floor, or (3) it is more likely than not that the condition existed long enough to give the premises owner a reasonable opportunity to discover it. In a slip and fall case, temporal evidence is the best indicator of whether the owner could have discovered and remedied the condition.  Evidence of an employee signaling for help “amounts to more than a scintilla favoring … constructive notice of the condition.”

Additionally, warning about fall risk are important but are not determinative. Warnings are taken in the context of the circumstances. And, they do not need to warn about the cause of a slippery condition; rather, they only need warn of the condition, itself. Here, the warning “don’t slip” could only refer to a slippery walking surface. “A warning of the specific material causing a condition is not required, so long as the existence of the condition itself is conveyed.” So, defendant’s warning was adequate.

We work to ensure that injured people receive the medical care and financial compensation they need and deserve. If you have suffered an injury, if you are disabled and cannot work, or if a family member has died in an accident because of someone else's negligence, we want to hear your story. Contact us today online or at (956) 501-6565 to discuss your legal claims with one of our McAllen personal injury attorneys or accident lawyers.