A viable slip and fall claim typically requires several key elements, all of which must be present:
There must be an unreasonably dangerous condition (not just dangerous, but unreasonably dangerous)
The condition must be unknown or undiscovered by the victim
For example, certain conditions (pot holes) are open and obvious. If one didn’t see it, they should have.
The condition must be known or discover-able by the property owner or manager
For example, a condition has to have existed long enough that the property owner or manager knew, or should have known of its existence.
Another example, if you couldn’t perceive a puddle of liquid on the floor, then on what basis should the property owner or manager have known it was there?
The victim must have suffered injuries
Because the aforementioned elements are often so hard to prove, the resulting injuries should be rather significant, in terms of injury severity, treatment, and/or permanency/residuals.