It must be established that the defendant was negligent when seeking compensation for injuries sustained in a slip and fall accident. Negligence is failing to act as a reasonable person would in the same situation.
Proving negligence can be difficult. Four elements need to be verified by your lawyer: damages, cause, duty of care violation, and duty of care.
Duty of Care
One of the first things a lawyer must establish in a slip-and-fall case is that your property owner or occupier owed you a duty of care. Generally, they must keep their premises safe for anyone visiting them. For example, if a liquid is spilled on a floor, they must clean it immediately or post visible warning signs.
Occupiers must also regularly inspect their property and address issues like unsafe sidewalks or icy paths. They could be held responsible for their injuries if they don’t follow through on their duty of care. To demonstrate negligence, four factors must be established: damages, causation, a breached duty of care, and a duty of care. Evidence that meets these requirements can be gathered and packaged with the assistance of an experienced personal injury attorney. You can visit their website to learn more.
Breach of duty
All property owners and occupiers of premises must “exercise ordinary care” for those they invite onto their properties. If they do not, a slip-and-fall incident may result, and they could be liable.
To establish negligence, plaintiffs must show that the defendant owed them a duty of care and breached that duty. The jury decides whether the defendant’s behavior met the standard of care based on what a reasonable person would do in the same situation.
For example, if a store owner knew or should have known that the floor was wet after a previous customer had been washing a floor and it was still wet when you slipped on it, this breach of duty could be proven with photos from the scene, witness testimony, expert testimony, and medical records. Proving this element of negligence can be challenging, but it is essential to establishing your damages for your injuries.
Causation
Usually, the defendant will be a property owner, landlord, or commercial tenant (though business employees may also share liability under a doctrine of respondeat superior or vicarious liability). But proving whose negligence caused your fall depends on various other factors. A seasoned slip-and-fall lawyer will thoroughly investigate and gather evidence to determine your claim’s correct parties.
The causation element requires establishing that the dangerous condition directly led to your injury. This involves showing that a reasonable person in the defendant’s shoes would have anticipated the danger or taken steps to prevent it, like salting walkways and warning people of slippery floors with signs and roped-off areas.
For example, if you were running or jumping—both inherently dangerous activities—it may be challenging to show that the property owner should have been aware of your risk and anticipated your fall. However, eyewitness testimony, medical records, and video footage can help strengthen your case.
Damages
When it comes to proving negligence in slip-and-fall cases, evidence plays a crucial role. Photographs of where your accident occurred, witness testimony, medical records, and more can all help you win the compensation you deserve.
You have to prove that the occupier or owner of the property did not notice and address a hazardous situation and that the hazard caused your injuries. This is often the most challenging part of a slip-and-fall case, as the judge or jury will have to decide whether it was reasonably foreseeable that the condition would injure you.
Store owners, landlords, and other property owners may neglect maintenance due to profit or a lack of time. In these situations, it is essential to have clear-cut evidence with the support of your attorney. A seasoned lawyer can gather and present all the facts to make a strong compensation claim.
