Even though slip and fall accidents can seem straightforward, there are a lot of factors that can impact the outcome of this claim. In order to receive a settlement for your injury, it’s necessary to prove negligence – which is one of the reasons why it makes sense to hire a personal injury attorney for assistance.
As you are building the case, you need the evidence and documentation to prove that the property owner failed in their responsibility to maintain safety. Our legal team is here to help you leverage premises liability to ensure that you have a solid claim that results in fair compensation.
Understanding Negligence in Slip and Fall Cases
What does it mean to prove negligence in your slip and fall accident? We need to have evidence that shows that the property owner failed to take the reasonable care that was needed to prevent harm. If there were reasonable steps that could have been taken to prevent a slip and fall, then we can show negligence to prove that the property owner was at fault for the accident.
Keep in mind that you will need slip and fall evidence that proves negligence. Just because you are injured, it doesn’t mean that you are automatically entitled to compensation. This is one of the mistakes that slip and fall victims make: thinking that they will automatically get a settlement without legal support. You need legal representation to advocate for your rights and ensure that the proper evidence is provided that will help with your case.
The 4 Elements Needed to Prove Negligence in Slip and Fall Cases
Here are some of the strategies that we use to prove negligence in slip and fall accidents:
- Duty of Care: The owner holds the responsibility to ensure that the area is safe for visitors. They need to take proactive steps to minimize risk and warn about potential dangers.
- Breach of Duty: Can you prove that the owner failed to fix, clean, or warn about a known hazard? This evidence is a powerful way to build your case and establish premises liability.
- Causation: It’s necessary to show the connection between the accident and resulting injuries. We’ll map out how the owner’s breach was the direct cause of the accident, and how you were injured because of this causation.
- Damages: Finally, we need to outline the severity of your case by showing the impact that the injury had on your life. This injury resulted in medical bills, lost wages, or other losses, which need to be outlined in detail within your case documentation.
What Conditions Commonly Cause Slip and Fall Accidents
These are some of the most common reasons why slip and fall accidents occur, and they are all things that could have been addressed or prevented to avoid injury:
- Wet floors without signage
- Uneven pavement, loose rugs, or broken stairs
- Icy walkways
- Poor lighting (or a lack of lighting)
- Spills on the floor
- Clutter in walkways
How to Gather Strong Slip and Fall Evidence
When a slip and fall accident occurs, you need to be proactive about gathering the appropriate evidence to build your case. If you are able, make sure to start gathering evidence immediately. You’ll want to take photos of the scene and your injuries. When the injuries are so severe that you are unable to take photos, then ask a witness or someone else in the area to assist.
Look for cameras in the area that might have captured the accident on video. Make sure to request the footage as soon as possible, especially since some places only keep the footage for a limited amount of time.
Proactively collect any medical records and incident reports related to the accident, diagnosis, and resulting treatments. These documents are critical to prove the extent of the injuries.
Keep the shoes and clothing that you were wearing when the fall occurred. These items can be used as evidence, showing that you were wearing the proper attire for the activities that you were participating in.
The Importance of Witness Testimony
Having eyewitnesses can be a critical factor that will impact the outcome of your case. Not only can other people describe what happened, but they can confirm that there were hazards in the area that resulted in the accident.
You will want to collect statements from witnesses, employees, and anyone else in the area. Additionally, take their contact information so they can be reached in case additional conversations are needed as you are finalizing your case.
What Is Comparative Negligence and How Does It Impact Your Claim?
Comparative negligence is one topic that might be discussed in the settlement negotiations. Your slip and fall lawyer can help with managing comparative negligence to ensure that you get the best settlement possible.
If you were partially at fault for the accident, then it means that you might receive a reduced compensation, based on the percentage of fault. For example, if there was a tripping hazard on the floor, it was the property owner’s responsibility. But if you were looking at your phone and distracted while walking, then you could be found to be partially at fault.
In many states, the laws allow for partial recovery. But the amount that you receive matters based on the percentage of your responsibility in the accident.
FAQs
What qualifies as a slip and fall case?
If you are on someone else’s property and an injury occurs because of unsafe conditions, then it can fall under the category of a slip and fall personal injury case.
How do you prove negligence in a slip and fall claim?
The best way to prove negligence is by gathering evidence and documentation that shows the property owner knew about the hazard or risk and didn’t take reasonable steps to fix it.
When Should You Hire a Slip and Fall Lawyer?
Regardless of the severity of your injury, the best thing that you can do is reach out to our legal team for personalized recommendations. We will evaluate your case and help you determine whether you should pursue a settlement.
It’s especially important to hire an experienced personal injury attorney if you have serious injuries or the insurance company is disputing your claim. Our legal team at Wormington Bollinger will help with gathering evidence, dealing with the insurance companies, negotiating a fair settlement, and navigating the legal process.
For more information, contact us today to schedule your no-obligation consultation. We are always here to help.