We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

How do I File a Slip and Fall Lawsuit?

By C. Mitchell
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

If you have sustained a personal injury on another’s property, one of the first things you may be thinking about is filing a lawsuit. A lawsuit against a property owner or manager for injuries is typically referred to as a “slip and fall lawsuit,” and its main goal is to penalize negligence. Slip and fall lawsuits are frequently filed, but not as frequently won. In order to file a slip and fall lawsuit, one generally need only prepare a complaint that is served on the entity allegedly responsible for the injury and is filed and recorded in a court of law. Filing a slip and fall lawsuit in almost any jurisdiction in the world is significantly easier than winning it, though a careful understanding of the governing laws and procedural requirements can help improve the chances of success.

Most slip and fall lawsuits center around negligence and owner liability. They allege that the injury at issue would not have happened but for the property owner’s inattention to detail, or failure to maintain the property to reasonable and expected standards. Staircases that are too narrow, broken hand rails, and hazardous conditions in public spaces are common examples of property owner negligence. Most of the time, simply tripping or falling alone will not support a slip and fall lawsuit. Before filing, you should be sure that you can form an argument around fault, not just injury or damages.

A business owner’s negligence will usually support a slip and fall lawsuit filed by a visitor who is injured on the premises, but slip and fall lawsuits are not common recourse by injured employees. A workplace accident is often more effectively addressed under labor laws, not under a negligence theory. Labor laws are typically more aggressive than negligence law, which is a tort. Damages and awards for hazardous conditions in a workplace are usually higher than slip and fall compensation. The idea is that a workplace is somewhere that employees have to be, whereas visitors to a business choose to be there — while they can expect a reasonable degree of safety, the owner’s obligation to them is different than it is to his or her own employees.

The next thing to consider when filing a slip and fall lawsuit is jurisdiction. Most courts, regardless of country or legal system, can only hear lawsuits that pertain to matters in their district. If you sustained an injury at a hotel in New York, for example, you must usually file your lawsuit in a New York court, even if you live elsewhere. A lawsuit filed in a jurisdiction where the accident or incident did not occur, or where the defendant does not have substantial contacts, will more often than not be dismissed on jurisdictional grounds.

Once you have identified the appropriate jurisdiction and your claim meets the negligence threshold set by that court, the actual filing is simple. A slip and fall lawsuit, like any lawsuit, must be filed in the form of a complaint. A complaint is a basic legal document that names the parties, sets out the allegations, and makes a demand for damages. Once the complaint is submitted to a clerk of court with the required filing fees, the lawsuit is considered filed.

Plaintiffs typically have a fixed amount of time after the filing of their lawsuit to notify the defendant of the action. It is always the plaintiff’s responsibility to serve the defendant with notice that a lawsuit is pending against him. Different courts have different rules about what makes service of process effective. Ineffective service, like failure to set out an actionable negligence claim or improper jurisdiction, can lead to swift case dismissal.

Different courts have very different rules, both procedural and substantive, that govern how a slip and fall lawsuit must be filed. Courts typically allow individuals to represent themselves and make filings on their own behalves. This is called pro se representation. Most people choose to at least consult with slip and fall lawyers before filing a lawsuit, however. Accident lawyers familiar with the jurisdiction and its rules can help a plaintiff craft a complaint that will more likely pass the court’s hurdles, can research industry standards and possible theories of negligence on the client's behalf, and can usually more effectively deliver persuasive legal arguments in court.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.