You may be entitled to compensation for your slip and fall injury, but first you have to show negligence. You must demonstrate in your claim that the property owner is responsible for your injury. This requires showing the property owner failed to take reasonable steps to protect you before your fall.
This entails a complex process of collecting evidence, eyewitness testimony, and more to support your claim that your slip and fall accident caused your injuries and subsequent damages.
Establishing Fault in a Slip and Fall Case
Slip and fall accidents are pretty common – at grocery stores, at restaurants, and on private property – but proving the property owner is at fault can be difficult. In order to file a claim, you will have to prove the property owner accidentally or intentionally caused your injuries. First, you must prove one of the following:
● The property or landowner should have been aware of the potentially unsafe condition (a broken step, a puddle of water on the floor) and fixed or corrected it before your injury occurred. A big issue here is timing. Did the property owner have a “reasonable” amount of time to fix the problem before your slip and fall occurred?
● The property or landowner actually created the dangerous condition that caused you to slip and fall such as not picking up an obstacle in your path (for example a tool, toy, etc.).
Proving Negligence
Your slip and fall claim must prove the four tenets of negligence:
● Duty of care – The property owner had a “reasonable” duty of care to protect you from unsafe conditions.
● Breach of duty – The property owner violated that duty and that resulted in injuries.
● Causation – That violation caused your injuries and resulting damages (medical expenses, lost wages, pain and suffering, etc.).
● Damages – The liable party (property owner) is responsible for compensating you for your damages.
Duty of Care
In most cases, a property owner’s duty of care depends on the status of the visitor and may determine whether you have a valid slip and fall injury claim.
● Invitee – An invitee is someone who has the property owner’s permission to come onto the property. For example, a friend, relative, or neighbor would be considered an invitee. Typically, the property owner has a reasonable duty of care to keep the property safe and free of any hazards for the invitee.
● Licensee – A licensee has the property owner’s permission to enter the property but is doing so for his or her own purposes. A licensee could be a contractor or salesman. In this case, the property owner has a lesser duty of care to warn the licensee of a dangerous condition that might cause them harm.
● Trespasser – A trespasser is someone who is not authorized to be on the property. In the majority of cases, property owners owe no duty of care to a trespasser unless that trespasser was a child. (e.g. You have a pool but no pool fence).
In some jurisdictions, even trespassers have some rights to financial recovery. If your injury occurred due to the intentional act of a property owner, you might be able to pursue a claim for compensation. Since these rules vary in different jurisdictions, you may consider connecting with a slip and fall lawyer familiar with the laws and statutes in your state.
Contact Ben Crump Law, PLLC Today for Legal Help
Thousands of people are injured every day on another person’s property. If you are asking yourself if you are entitled to compensation for your slip and fall injury, the answer may be yes. You could be eligible for damages and losses including medical bills, lost wages, mental anguish, loss of enjoyment of activities, and pain and suffering. You should not have to carry the financial and emotional burden for an accident that was not your fault.
If you suffered injuries from a slip and fall incident on someone else’s property and you want to hold the property owner legally responsible, call our team today. Contact Ben Crump Law, PLLC at 800-959-1444 for a free consultation. You pay nothing upfront or out of pocket. We only collect a fee if we secure a fair settlement on your behalf.
