If you suffered injuries and damages in a slip and fall, you may now wonder how to prove negligence in a slip and fall case. Proving negligence is not always easy, however, it is absolutely necessary if you want to have a chance of recovering any compensation.
You can potentially prove negligence if there was a defective or hazardous condition on the property and you suffered an accident and injuries as a result of this condition. However, you will need to also prove the following elements with your claim:
- The property owner owed you a duty of care
- They breached the duty of care
- The breach caused your accident and injuries
- You have damages resulting from the accident
While you may know that your accident is entirely the fault of a property owner, in order to recover compensation, you will have to prove this with tangible evidence. A slip and fall lawyer can advise you and help gather the evidence needed to prove your claim.
A property owner has the duty to maintain their premises to a reasonable standard and remedy any dangers in a timely manner. However, in practice, it can be challenging to prove the fault of the property owner. They will most likely argue that you had some or all of the fault in your accident. In order to prove a property owner’s negligence conclusively, you will have to prove that either:
- The property owner should have known of the dangerous or hazardous condition
- The owner or employee knew of the condition but did not fix it
- The owner caused the dangerous condition
Timing can be an important factor in slip and fall cases. If a dangerous condition existed for a while, for example, and a property owner took no steps to remedy or warn of the dangerous condition, you may have a claim.
Hazardous and Dangerous Conditions on a Property
There can be numerous hazardous or dangerous conditions on a private or public property that could cause substantial injuries to visitors, such as:
- Cracked or broken flooring
- Wet floors
- Missing handrails
- Uneven steps
- Not enough lighting
- Loose rugs or mats
- Torn or bulging carpets
- Wet or waxed floors
- Potholes in parking lots or on sidewalks
- Ice or snow on sidewalks
- Obstacles that cause tripping
Property owners should use reasonable care and remove or fix any hazardous conditions. They can act by mopping up spills immediately, fixing broken flooring in a timely manner, and securing all potential tripping hazards. Not doing so can potentially render them liable if someone suffers harm.
Evidence in Slip and Fall Cases
In order to strengthen your slip and fall claim, you will have to provide clear and compelling evidence of a property owner’s negligence, as well as evidence of your injuries and financial losses. Some of the required evidence can include:
- Your medical records
- Medical bills
- Receipts of any out-of-pocket costs
- Accident reports
- Witness statements
- Security camera footage
- Photographs of the hazardous condition
Compensation Available in Slip and Fall Cases
According to the National Safety Council (NSC), falls are the third leading cause of unintentional deaths. If you suffered harm or a loved one passed away in a slip and fall accident, you could potentially receive economic as well as non-economic damages, as long as you can prove that a negligent property owner, business, or government entity caused the accident.
However, these damages will be dependent on the extent of your injuries. You should consult with a slip and fall accident lawyer for more detailed information regarding your case. However, some of the types of economic compensation you could pursue include:
- Medical bills
- Lost income
- Miscellaneous costs relating to your injuries
You could potentially receive non-economic damages, particularly if your injuries require extensive medical treatments or have long-lasting consequences for your health. Non-economic damages can include:
- Pain and suffering
- Loss of life enjoyment
This is by no means an exhaustive list and, depending on your claim, you could receive different or additional compensation.
We Can Fight for You
If you would like to know how to prove negligence in a slip and fall case, contact us. We believe that if someone else’s carelessness or recklessness caused your injuries, they should pay for the consequences and your losses, not you.
Having a slip and fall lawyer by your side can give you reassurance and peace of mind. We can fight for your rights to compensation and work in your best interests whether that may be negotiating an out-of-court settlement or taking your case to court.
However, do not wait to get legal advice. Your state most likely has a statute of limitations for personal injury cases, which means that if you do not file your case within a certain timeframe, you may not be able to pursue any compensation. Do not risk losing out on your due and contact Ben Crump Law, PLLC today to determine whether you have a claim against a negligent property owner. Call us today at (800) 959-1444.