You probably don’t go out in public, say to the mall or your local hardware store, thinking, “I might slip and fall today.” But one poorly marked puddle or dimly lit stairwell and you could suffer a serious injury.
It isn’t something we often consider, but slip and fall cases are actually quite common. In fact, in the United States alone, over a million people are injured in a slip, fall, or trip accident every year.
If this happens to you, and you face medical expenses or lost wages for time off due to your injury, you can reclaim the damages! However, in order to have a successful claim, there are a few things you’ll need to prove.
Duty of Care
The first thing you’ll have to prove to win your case is the liability of the company or person you are suing. This means that the defendant must be guilty of negligence in performing a certain duty of care.
For example, you slipped while shopping in the grocery store because someone mopped and didn’t place a caution sign where the floor was wet. On the other hand, if you were trespassing, or on company property outside of business hours, you may not have as strong a case, if at all.
You must also prove that the defendant was negligent, and the issue wasn’t that they simply didn’t have enough time to take preventative measures.
Perhaps you fell in a bathroom because it didn’t have proper lighting. If the log documenting routine checks is missing or delinquent, you have proof of negligence.
However, if the log states that the defendant had checked the bathroom for hazards earlier that day, it’s likely not a case of negligence. Slip and fall accidents are common, but in order to sue, it must be the fault of the defendant and not a simple mistake or coincidence.
The last and most difficult thing to prove is the defendant’s responsibility in regard to the accident. In other words, you will have to prove that the person or company that you are suing was somehow responsible for your fall.
Partial fault and partial award of damages is a possibility, but a slip and fall attorney will help you get the most out of your case.
If you and your attorney are able to prove all of these conditions, you will likely see a positive outcome in court or settle without ever going through the trial process.
Prove These Things to Win Slip and Fall Cases
It’s unfortunate, but slip and fall cases happen all the time. By knowing what steps to take and what you need to prove in order to reclaim any damages you face due to injury, you will be better prepared if it happens to you.
This type of case can be complex and difficult to prove fault. But by hiring an attorney to help you and gathering as much information as you can, you’ll be more likely to win your claim.
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