Slippery Slope: Proving Negligence in a New Haven Slip and Fall Accident

A New Haven slip and fall accident on someone else’s property; a store, an office building, or a private home; is a matter of premises liability. This area of law states that property owners have a duty to keep their premises reasonably safe for visitors.

However, just falling is not enough to win a claim. You must prove that the property owner was negligent. This requires establishing three key elements:

1. The Hazard Was an Unsafe Condition

First, you must prove that the condition that caused your fall was, in fact, dangerous and preventable. Common examples include:

• Transient Spills: A leaking freezer, a broken bottle, or tracked-in water that was not cleaned up.
• Defects: Cracked sidewalks, broken stairs, or torn carpeting.
• Poor Lighting: Dark stairwells or parking lots that hide hazards.

2. The Owner Knew or Should Have Known About the Hazard

This is the most challenging element of proof. You must show that the owner (or an employee) had what is called actual or constructive notice of the dangerous condition.

• Actual Notice: This means the owner actually knew about the hazard. Examples:
  • An employee created the spill (e.g., mopping without a “Wet Floor” sign).
  • The owner received a written complaint about a broken handrail.
• Constructive Notice: This means the owner should have known about the hazard if they were exercising reasonable diligence. Examples:
  • A gallon of milk spilled in the dairy aisle has begun to curdle, suggesting it was there for a long time.
  • The store has a company policy requiring floor inspections every hour, and an hour and a half had passed since the last one.

3. The Owner Failed to Repair or Warn, and This Caused Your Injury

Finally, you must show that the owner’s failure to either fix the hazard or place an adequate warning sign directly caused your fall and resulting injury. If you had seen a warning sign but ignored it, your claim would likely fail or be reduced under comparative negligence.

Action Tip: Look for evidence right away. Did the person who rushed to help you immediately grab a mop or a warning sign? That action can be an admission that they knew the hazard was there.