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How to Prove Negligence in a Slip and Fall Case

In order to win a slip and fall lawsuit, you will need to demonstrate that the property owner or occupier failed to fulfill their duty of care. Their irresponsible behavior must have created conditions that directly led to your fall and resulting injuries.

Owner vs. Occupier Negligence

Slip and fall cases can be complicated because sometimes the person who occupies the property is not the person who owns it. Therefore, you will need to understand which party had a responsibility to upkeep the space and what types of failures are considered negligent.

All property owners have a duty to maintain their premise. If they know of a hazard, or should be aware of one, and they do not fix it and/or provide appropriate warning, the property owner can be held responsible for resulting falls.

Occupiers also have an obligation to keep their premises reasonably safe. If they know, or should be aware of, a hazard in the space they are renting, they too must correct the problem and/or provide warning of the risk. If an occupier cannot fix the hazard themselves, they must promptly notify the property owner.

So, what if you are injured in a rented space? You generally would file a slip and fall lawsuit against the occupier if they failed to address the hazard.

However, you may also have a claim against the property owner if:

  • The property owner had maintained control (such as of a common area in an apartment)
  • The property owner rented the property with hazards they failed to disclose
  • The lease agreement specifies that the owner is responsible for certain repair and maintenance tasks which the owner failed to fulfill.

An experienced attorney can help you to determine who the best person is to pursue a case against when you are injured in a slip and fall.

In order to win a slip and fall lawsuit, you will need to demonstrate that the property owner or occupier failed to fulfill their duty of care. Their irresponsible behavior must have created conditions that directly led to your fall and resulting injuries.

 

Components of Negligence

Whether you are pursuing a claim against a property owner or occupier, you still must prove negligence in order to get compensation in a slip and fall lawsuit. And there are a few specific components of negligence you must demonstrate including:

  • The property owner or occupier either caused the hazardous condition, had knowledge of it, or should have known of it if they exercised the level of care a reasonable person would have exhibited
  • The property owner/occupier failed to correct the condition if there was a reasonable opportunity to do so and/or failed to warn of the hazard
  • The owner/occupier’s failure was the direct cause of injury
  • The injury caused harm

Photographs from the accident scene, expert testimony, and medical records can all help you to prove negligence in a slip and fall lawsuit.

Examples of Conditions Leading to Slip and Fall

Many types of hazardous conditions can result in a slip and fall including the following:

  • Wet floors
  • Uneven flooring
  • Loose flooring material
  • Bulging carpeting
  • Unsalted icy areas
  • Potholes
  • Spill that aren’t cleaned up
  • Debris or trash on the floor
  • Cords in walkways
  • Poor lighting

Property owners or occupiers should correct or warn of the dangers when these conditions develop. For example, if an employee of a store washes a floor, they should put up a “Wet Floor” sign to warn patrons.

Check your state for how long you have to file a potential claim, time is limited!

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What is my potential case worth?

While the exact amount of compensation can vary from case to case, there are several types of damages that may be available for those affected. Understanding these potential damages can help individuals assess the value of their claim and guide them in seeking justice and financial compensation.

 

Here are some of the potential damages that may be included:

 

1. Medical Expenses: Individuals who have been hospitalized as a result of your no fault accident may be entitled to compensation for their medical expenses. This can include costs associated with hospital stays, surgeries, doctor visits, medications, rehabilitation, and any necessary ongoing treatment.

2. Lost Wages: If individuals have had to take time off work due to the no fault accident, they may be eligible to recover lost wages. This can include not only their base pay but also any bonuses, promotions, or raises they missed out on while being unable to work.

3. Lost Earning Potential: In cases where the long-term effects of no fault accident have left individuals with a disabling condition that prevents them from returning to work or impacts their ability to earn a livelihood, they may be entitled to compensation for their lost earning potential. This seeks to secure future income that may have been compromised due to the medication’s adverse effects.

4. Pain and Suffering: no fault accident lawsuit plaintiffs may also seek compensation for the emotional and mental distress caused by the painful side effects they have endured. These non-economic damages aim to address the intangible and long-lasting impact on the individual’s quality of life.

5. Punitive Damages: In some cases, individuals may be eligible to claim punitive damages. These damages go beyond compensating for actual losses and are intended to punish the defendant for their misconduct and deter similar behavior in the future.

It’s important to note that the specific compensation available in this lawsuit can vary depending on the severity of the injuries, the impact on the individual’s life, and other factors. The value of these damages will be determined by the court based on the evidence and arguments presented during the legal proceedings.

You can find out if you qualify by answering the questions in the form, which takes 30 seconds.  

 

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