When it comes to winning a slip and fall case, you must prove the owner of the property where you fell did not act reasonably and that the person’s failure caused you harm. Property owners have a duty to their guests and visitors to take reasonable measures to ensure their safety.
Many variables determine whether the property owner acted reasonably in tending to a dangerous condition before your injury occurred. If you want to know how to win your slip and fall case, let us look at the steps needed to build a strong case and reach a fair settlement.
Proving the Fall Caused Your Injuries
You suffered injuries in a slip and fall accident on someone else’s property. It is not hard to prove that you are injured. But if you are filing a personal injury claim or lawsuit, you must prove your injuries are a direct result of the fall.
Medical documentation of your injuries and how your physician believes they are linked to the slip and fall can help build a strong case against the responsible party or parties. You may consider asking your doctor to provide a letter showing how your injuries are attributable to the fall. This letter can be beneficial if your case goes to trial, and you require expert testimony on your behalf.
Proving the Property Owner Had ‘Notice’
Proving that a dangerous condition existed might be the easier part of your slip and fall case. Pictures, video, or witness testimony can all confirm that a hazard existed on the property and caused your slip and fall. But did the property owner have notice of the dangerous condition? There are three ways to prove the owner had notice of the hazard before you fell:
- Witness Testimony – If someone other than you (an employee, another customer, etc.) knows how long the dangerous condition has existed and will state it on record, this can establish the property owner had notice.
- Other Incident Reports – Many businesses keep a record of falls that happen on their property. These are known as incident reports. The report will detail what happened, how it happened, and who may have witnessed the incident. These reports could give clues as to how long a hazard may have existed on the premises.
- Video Surveillance – Many businesses have set up surveillance cameras that overlook the property. That video may be helpful in showing how long a hazardous condition existed on the premises. If you think surveillance video could show your fall on someone else’s property, request that video right away before the evidence disappears.
Timing Is Everything
The element of time is crucial in your slip and fall case. Did the owner of the property where you fell have enough time to address the dangerous condition but failed to do so? If the answer is yes, and you can prove it, then that might be enough to win your slip and fall injury case.
On the other hand, if the dangerous condition presented itself just moments before your slip and fall accident occurred, it may be unreasonable to hold the property owner accountable.
Statute of Limitations in Slip and Fall Cases
The statute of limitations is another important aspect of your case to keep in mind. This state law sets a specific deadline for the time a person has to file a lawsuit. The statute of limitations for a premises liability claim varies across states. Typically, the time limit is two or three years from the date of the incident, which is your slip and fall accident.
This may seem like a long time to file, but keep in mind, time goes by quickly when you are trying to recover and heal from an accident. You do not want the clock to run out on your chance to pursue compensation. A personal injury lawyer familiar with your state’s laws and statutes can help guide you and ensure all paperwork is filed promptly.
Call Ben Crump Law, PLLC, Today
At Ben Crump Law, PLLC, we can collect evidence, establish liability, determine a value for your injuries and losses, negotiate with the insurance company, and pursue a fair settlement on your behalf. If a fair settlement cannot be reached, we will take your case to trial if necessary.
Our team is ready to protect your rights and fight for the compensation you deserve. Contact a member of our team today by calling 800-959-1444. The call is free, and there is no obligation to conduct your case review. If you choose us to represent you, we work on contingency, and we do not collect payment unless we win a settlement for you.