Factors to Prove When Filing a Slip and Fall Claim

If you slip and fall on another person’s property and get injured, the owner should take responsibility. However, you are required to prove that the accident was because of their negligence. A personal injury lawyer can help you gather all the needed evidence by working with investigators, doctors, financial experts, and other professionals.

Slip and fall accidents are unforeseen. Nonetheless, you should be prepared if you are ever involved in one. Below are factors to prove when filing a slip and fall claim.

Duty of Care

Every individual or business has a duty of care to protect the health, safety, and well-being of others. Accordingly, owners have a duty to confirm no harmful conditions exist in their properties. If you slip and fall on anyone’s property, you should prove they failed to observe this obligation when filing your claim.

For instance, if you slip and fall on a property due to a spill, you need to prove so. For this reason, always take photos of the scene and your injuries (cuts, bruises, sprains, dislocation, fractures, dislocations, and so on). This information will serve as evidence.

Remember to also take note of the time. In addition, politely ask for the contact information of any witnesses. Moreover, report the issue to the property’s management. Note that duty of care may not be observed in unlawful trespassing.

Breach of Duty

A person or company can breach their duty if they don’t perform all the necessary processes to provide standard care. For instance, not repairing broken steps, covering electrical wires, installing adequate lighting, replacing broken tiles, changing worn carpets, or repairing uneven floors are examples of breach of duty. Essentially, it involves failing to perform as a reasonable individual would in a similar situation.

Therefore, in the above example, the store not cleaning the spill is a breach of duty. The photos you took will be used to prove this.

Causation

This is probably the most complicated aspect of a slip and fall lawsuit. With this factor, you should verify that your injury was directly due to the other party’s negligence. Your claim can be challenging if other aspects contributed to the accident.

Using the example above, if a warning signage was available, but you didn’t see it, possibly because you were staring at your phone, you will need more evidence. Your lawyer will have to prove that the spill was neglected for a long time. It ought to have been cleaned earlier to prevent any harm.

Damages 

Another vital element to consider when filing a slip and fall claim is the damages you encountered. Examples are initial medical bills, continual treatment expenses, lost wages, disabilities, and death, if you are filing for a loved one, among others.

It is crucial to seek medical attention immediately. Do not take too long to visit a doctor since you want to prove that the accident exclusively led to your injuries. Don’t forget to keep the receipts of all medical bills.

If an injury makes it impossible for you to work, record all the hours and wages you lose. In addition, a doctor should examine your injuries to determine the chances of developing long-term disabilities. This factor is crucial as it determines your compensation.

Filing a slip and fall claim is necessary if you have experienced injuries and pain and suffering from a property owner’s negligence. You need to prove the above-discussed factors to have a successful case. It is advisable to hire a reliable personal injury lawyer to make work more manageable and receive fair compensation. Reach out to us today to get the right attorney for your claim.