What is the legal definition of a “slip and fall”?

In South Dakota, a “slip and fall” is legally defined as an accident or injury that occurs due to a slipping or tripping hazard that was created by a dangerous or hazardous condition on someone else’s property. These hazards can be caused by a number of different things, such as uneven pavement, wet or slippery floors, obstacles or debris in a walkway, or broken or damaged stairs. The legal definition of a “slip and fall” doesn’t apply to any accident or injury that was caused by the injured person’s own negligence, such as if the person had been running or was not paying attention. It also doesn’t apply if the dangerous or hazardous condition that caused the “slip and fall” was known to the injured person. In most cases, in order to qualify as a “slip and fall”, the hazard that caused the accident or injury must have been created by someone else, such as the property owner, tenant, or occupier, and not by the injured person. The property owner or occupier must not have taken any reasonable steps to prevent the hazard from occurring. In South Dakota, the person who is found to be legally responsible for a slip and fall accident can be held liable for any resulting damages, such as medical expenses, lost wages, or pain and suffering caused by the injury. The injured person must file a claim with the court for compensation, in order to have their losses covered by the responsible party.

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What is the legal definition of a “slip and fall”?

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