1. The hazard you slipped on must not be open or obvious (this is lawyer language for “not easily seen by you”); you must be able to show that the hazard was not seen by you in a reasonable way; for example, the color of the hazard blended in with the color of the floor;
2. The hazard was within the control and dominion of the at-fault party; for example, it was a product that fell off the shelf of a store that caused the floor to become slippery; that is what is meant when one says “control and dominion.”
3. The hazard was in place for a long time; something beyond a reasonable time frame and the at fault party either knowingly failed to do something about it, or negligently failed to do something about it.
For more information, check out my video on proving your slip and fall, or trip and fall case here: What You Need To Know In Order To Prove Your Slip and Fall Case In a Court of Law
VIDEO ON PREMISE LIABILITY: WHEN A SAN DIEGO SLIP AND FALL OCCURS, WHAT TYPE OF INJURIES HAPPEN, AND HOW DOES ONE PROVE THEIR SAN DIEGO TRIP AND FALL CASE VIDEO: