Proving negligence in a slip and fall.

Element 1 — Hazardous condition

A condition that creates an unreasonable risk of harm: liquid on a smooth floor, a torn carpet edge, inadequate lighting, an icy entryway not treated within a reasonable time, a missing handrail. Open-and-obvious hazards — a clearly marked wet-floor sign next to a visible puddle — usually defeat the claim unless your attention was reasonably distracted.

Element 2 — Notice

Two paths. Actual notice: the owner or employee personally knew. Constructive notice: the hazard existed long enough that a reasonable inspection regime would have discovered it. Constructive notice is the contested theory in most cases. The leading evidence is the store's own inspection log; the gap between the last inspection and the fall is the constructive-notice argument.

Element 3 — Failure to act

Even with notice, the owner is not liable if they took reasonable steps — placed cones, mopped, posted a warning, blocked the area. The reasonableness of the response is fact-specific. A 30-second response to a known spill defeats liability; a 30-minute response usually does not.

Element 4 — Causation and damages

The hazard must have caused the fall and the fall must have caused the injuries. Defense will argue pre-existing conditions or alternative causes. Medical records from the day of the fall, ER imaging, and consistent treatment notes anchor this element.

Evidence priority list

1. Surveillance video — most stores overwrite within 7–30 days; preserve immediately.
2. The store's incident report.
3. Inspection and cleaning logs for the area.
4. Prior incident reports at the same location.
5. Photographs of the hazard before cleanup, ideally with a reference object for scale.
6. Witness names and contact info.
7. Weather records for outdoor falls.