The third situation is the most common, but is also less clear-cut than the first two because of the phrase "should have known." Liability in these cases is decided by common sense. The law determines whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.

In slip and fall cases on commercial (business) property, there are often a number of people or entities that may be held responsible for someone's injuries. For instance, if a business rents space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured on the property. In that case, the tenant is known as a possessor of the property, and has a duty to use reasonable care to prevent injury to those on the premises under its control. A possessor might also be a party who manages or maintains the property, such as a management company.

Defending a Slip and Fall Injury Claim - Get Help Now

If you are a small business owner faced with a potential slip and fall injury claim, you should discuss your potential case with an experienced attorney soon. An attorney will explore all possible defense options and strategies available to you, and will protect your business's liability exposure at every step in the process. Go here to find an attorney near you.