Proving Liability in Slip and Fall Cases

Slip and fall accidents can be notoriously difficult to prove liability, especially if there are no eyewitnesses to the fall. In Rhode Island and Massachusetts all residential and commercial insurance policies will cover personal injury damages for a person hurt in a slip and fall, if the owner of the house or commercial property is responsible for the fall. There are three common ways to prove that the owner of a property is liable for your injury:

  • That the owner of the house or commercial property, or an employee of the owner, caused the spill or other defect that caused the fall;
  • That the owner or an employee of the owner, knew or should have known of the defect and did nothing to treat the problem;
  • That the owner should have known of the defect because a reasonable inspection of the property would have identified the problem.

Following a fall your first concern should be to obtain necessary medical care. If, and only if, you are able to look for witnesses, try to find someone who may have seen the fall and obtain a name and phone number. If you are in a place of business, try to find a manager and see that an incident report is made. Also, if you are carrying a digital camera or smartphone able to take pictures, take as many pictures of the scene as possible and, in particular, the defect that led to the slip and fall.

Also, it is important to remember that in Rhode Island, a fall which occurs on city and State property must be reported within sixty days or you will be barred from bringing the lawsuit. The notice must include specific information and be submitted in an exact fashion so it is imperative that you speak to a Rhode Island personal injury attorney for such cases.


The law office of Joseph Lamy has extensive experience in helping victims of slip and fall. If you have been injured due to a fall caused by a defect in another’s property, contact our office right away for a free consultation.