How Do You Prove Negligence in a Slip and Fall Case?

When you’re trying to understand your situation after a slip-and-fall accident in Oklahoma City, you likely have a lot of questions, as slip-and-fall cases can be very complex. In this guide, we hope to demystify many of the facets that govern them. 

Need help after reading? Give us a call at (405) 397-1717. Our team of knowledgeable Oklahoma City slip and fall attorneys will be able to help you with whatever you need. 

What Evidence Do I Need To Prove Fault in a Slip and Fall Claim?

Whenever you or a loved one are overwhelmed in the face of a slip and fall accident, it can be easy to forget best practices for documenting your case. Here are our recommendations of the type of evidence that you should collect.

Photo/Video Evidence

Capture images or videos of the accident scene, showing the hazardous condition that caused the slip and fall, such as a wet floor or uneven surface.


Collect statements from anyone who saw the accident, as their testimonies can corroborate your account of the incident.

Accident Report

File a detailed accident report with the property owner or manager immediately after the incident, documenting the circumstances and conditions that led to the fall.

Medical Records

Obtain and keep thorough medical records that document the injuries sustained from the fall and the treatment received, which are crucial for proving the extent of harm.

Expenses of the Accident

Maintain receipts and records of all expenses related to the accident, including medical bills, lost wages, and any other costs incurred due to the fall.

What is Duty of Care in a Slip and Fall Case?

It’s critical to the success of your slip and fall case to understand what’s known as duty of care. Duty of care is a doctrine that can govern many typed of cases but especially plays a significant role in slip and fall cases. 

Whenever someone visits a property, their motivation for being on that property will yield them a different level of duty of care. Business relationships (known as invitees) are offered the highest duty of care. Licensees (individuals who choose to go to a premises for their own benefit) are offered a lower duty of care. Trespassers are offered almost no protections under most premises liability law. 

To establish there may have been a violation of duty of care, you need to demonstrate the following components in your case: 

  1. The individual on the premises was owed a specific level of duty of care.
  2. That duty of care was breached. 
  3. That breach of duty of care yielded injuries. 
  4. Those injuries resulted in damages for the victim. 

Understanding Negligence in a Slip and Fall Claim

Regardless of what the motive is for an individual visiting someone’s property, a property owner or manager must keep their property well maintained. 

Negligent property management can yield many hazards that licensees or invitees have to deal with. Examples of such hazards include: 

  • Loose Carpet
  • Uneven Floors
  • Unmarked Spills 
  • Loose Wiring 
  • Poorly Secured Thresholds

Any of these negligent situations could contribute to you or a loved one’s slip and fall. And if you are unsure of anything we’ve discussed, contact us at (405) 397-1717 and we would be happy to help you.