Slip and fall, in United States tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip.

Property owners generally have two basic defenses to slip and fall claims:

• The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
• The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.

Illinois Trial and Personal Injury Attorneys
Burke & O’Brien has successfully represented clients injured due to automobile and truck accidents, medical malpractice, wrongful death, premises liability, construction liability, work injuries, and defective products/products liability. We use our litigation and trial experience to obtain substantial awards for our clients who are seriously injured due to the negligence of others, including automobile drivers, doctors and hospitals, municipalities, corporations, and property owners. We have successfully recovered millions in settlements and verdicts for our clients.