FAQ: How Can I Win My Slip And Fall Claim?
Slip and fall cases (or premises liability claims) require the injured victim to show that
- someone with a legal duty was negligent in maintaining the property
- their negligence caused your injury
A successful slip and fall claim requires you, with the help of your personal injury lawyers, to prove both of these elements. This can be difficult depending on the circumstances of your slip and fall or trip and fall accident.
What Does It Take To Prove Negligence?
To prove negligence, you have to establish the existence of a legal duty, a breach of that duty, and proof of an injury.
Proving breach of duty is sometimes the most challenging part. It requires evidence that the property owner knew about the danger that led to your trip and fall, or they should have known of the risk.
Demonstrating that someone “should have known” something can be tricky.
In other words, to be successful, there must be evidence.
- of the existence of a duty of care owed to you
- that they knew about the dangerous condition (or should have known) about it and did nothing to fix, mitigate, or warn you about it
- that their inaction or action caused you to slip and fall or trip and fall
- that your injury entitles you to monetary compensation
What Are Some Examples of Negligence (And Not Negligence) In A Slip and Fall Case?
Possible Negligence Examples:
- you fell in a store by slipping on a wet floor and hurt your back
- you slipped on a broken step in your office building and broke a bone
- you fell in the icy parking lot of your grocery store and suffered a TBI
In these examples, the owner of the store or the landlord might owe you compensation.
Examples of Non-Negligence:
- you tripped on your untied shoelaces in a store and broke your nose
- you are texting while walking and fall into a well-marked pothole twisting your ankle
- you have an illness that causes balance problems, and while you are out, you feel wobbly, then fall and get hurt.
In these examples, your injuries might be actual accidents and no one else’s fault. Therefore, you would not necessarily be entitled to collect damages from the property owner.
What Is A Duty of Care? Who Owes a Duty to Me?
Duty of care is the responsibility someone has to another. In the case of slip and fall or premises liability claims, the duty of care refers to someone’s obligation to take reasonable steps to keep their property safe and free from dangers that can cause harm.
Different circumstances involve different duties. For example, a doctor has an obligation to provide reasonable care and treatment. A driver has a responsibility to drive reasonably safe by obeying traffic laws. A motorcycle manufacturer has a duty to design and build a safe bike.
A property owner or someone who “controls” property has a duty to maintain the safety of the property. They owe that duty to anyone legally on the property or premises. Homeowners owe a duty to visiting guests. Store owners owe a duty to customers. Drivers owe various duties to other drivers on the road and pedestrians.
What Are Some Ways People Violate Duties?
Situations vary, but there are some common ways that people fail to uphold their duties. Some common examples of how duty violations occur include
- failing to clean up spills or debris
- failing to clear puddles, snow, or ice
- uneven flooring or stairs
- broken stairs or loose railings
- poor, inadequate, broken lighting
- broken elevators
- negligent security
- negligent hiring
- negligent supervision
- cracked or broken sidewalks
How Do You Prove A Party Was Negligent In A Slip And Fall Case?
Often, a slip and fall case involves providing evidence that the property owner knew or should have known about the danger on the premises and did not take reasonable steps to remedy the situation or warn about it.
Usually, the injured victim demonstrates that the danger was there long enough that the premises owner should have known it was there and done something to remedy the situation – but did not.
Our personal injury lawyers and others often rely on some of the following support a slip and fall claim –
- testimony and statements of any witnesses
- photographic evidence
- camera/video surveillance footage
- interviews with employees
- police reports
- medical records
- building safety records
- building maintenance and inspection records
- prior complaints about safety
- any previous safety violations
We can investigate the circumstances of your slip and fall accident, gather evidence, and determine who was negligent, causing your injuries.
Will I Get Blamed For My Injury?
Sometimes, a property owner will claim that you contributed to your injury by acting negligently or recklessly. Even when this is not true, it is something victims should anticipate.
- the property owner might claim you were distracted by texting or talking on your cell phone and not exercising appropriate or reasonable caution
- the other party might claim you were wearing defective or improper shoes
- they might allege you were running or acting recklessly
- they might allege you were under the influence of drugs or alcohol
Don’t let this stop you from pursuing a valid slip and fall claim. Speak to our personal injury lawyers to find out if you are eligible to seek compensation for your injuries.
Call Alonso Krangle, LLP For A Free Case Evaluation
At Alonso Krangle, LLP, after we the facts of your accident, we can investigate your slip and fall, advise you of your legal options, and begin building your case. We can help you pursue compensation when someone else’s negligence causes injuries.
Call us today at 800-403-6191 to find out more about pursuing a slip and fall claim.