Slip and Fall cases can be hard to prove depending on your specific circumstances. For most cases, the hardest part is proving the owner knew or should have known about the hazard before you fell — and how long it existed.
Property owners have a legal duty to keep their premises safe for visitors. If they failed in this regard, whether by neglecting to clean up a spill or poorly warning against a drop somewhere, they may be liable for medical costs, lost wages, or even pain and suffering damages. If you’re having issues proving a property owner was negligent leading up to an accident that caused you injuries, contact our experienced slip and fall attorneys today for a free consultation.
At Munley Law, our slip and fall attorneys know how critical these personal injury cases are to your overall recovery. We have been helping slip and fall accident victims for more than 65 years, and we’re ready to help you get the compensation you need to recover.
Components of Negligence in Slip and Fall Accidents
Following a slip and fall, your main priority is to seek medical attention. However, once you know you are taken care of, you’ll need to begin the legal process if you wish to seek compensation for your losses.
To prove negligence, there must have been a hazardous condition on the property where the accident took place, which caused you to suffer injuries.
If this condition is present, you then must prove the following components of a negligence claim:
- The property owner owed you a duty of care
- That duty of care was breached
- The breach caused you to suffer the accident and resulted in injuries
- Those injuries caused you to incur damages
Duty of Care
The first step of any negligence case involves establishing whether the defendant had a duty of care to an individual (or individuals) to behave in a certain way, often qualified by a standard of “reasonableness.”
In the context of a slip and fall case, property owners owe a variable duty of care to those on their property depending on whether they were an invitee, licensee, or trespasser. An invitee has the highest duty of care, and it can be someone invited onto the property for business purposes or a public invitee. A licensee is owed a moderate duty of care, typically being social guests. A trespasser is owed very little duty of care, and is someone not invited onto the property, being there without permission.
Unless the property owner was willingly putting up hazards for you to slip on with a willful or wanton disregard for safety, proving negligence as a trespasser isn’t particularly relevant as you cannot claim for compensation.
Breach of Duty
Once it has been established whether the defendant had a duty of care, the next stage is to determine whether they breached that duty by failing to exercise reasonable care.
Dangerous conditions that are commonly considered breaches of duty in slip and fall claims include:
- Uneven, broken sidewalks
- Poorly lit areas such as a parking lot or apartment alley
- Slippery or wet floors
- Snow or ice that has not been removed
- Design flaws on the property such as a steep ramp
- A hidden defect on the walking surface like a broken step on an escalator
- Missing handrails
- Torn carpet
Depending on the hazard, the amount of time it is allowed to stay will determine whether or not the owner engaged in reasonable care. While not all conditions can be fixed immediately, there are steps a property owner can take to ensure that patrons or residents are aware of the hazard and are protected as much as time allows.
Causation
A plaintiff must then prove that the breach in duty caused the accident and consequently their injuries.
For a victim, you must prove that the property owner was not only negligent but that this negligence caused the fall. Proving the property owner is at fault can be complicated, which is why if you are claiming that it was the property owner’s fault solely, you must illustrate one of the following:
- The property owner should have known or been made aware of the danger or hazard
- The owner (or property representative, ie. employee) knew of the issue but it was not fixed
- Or, the owner caused the dangerous condition
Timing is one of the most critical components to slip and fall claims as it could mean the property owner did not have the time to fix the situation or they had plenty of time to remedy the issue. An example of this would be water spilling in a grocery store aisle, but the customer who caused it did not notify employees. Then, once an employee comes upon it, they return to the back to grab a wet floor sign and mop, yet someone falls in the meantime.
Because the employee was actively remedying the situation that had occurred only within moments, it may be difficult to prove negligence. Understanding how timing and hazardous conditions can play into proving a slip and fall case is also critical.
Damages
The final element to prove is damages. A victim must show that the fall caused them physical, emotional, and psychological injuries or loss of income.
Remember, even if the property owner was fully at fault for the slip and fall, you must be able to prove this with actual evidence in order to recover damages. A slip and fall premises liability lawyer at Munley Law Personal Injury Attorneys can help.
Call Us At 844-686-5397 What Evidence Do I Need in a Slip and Fall Claim?
The supplemental evidence you can provide to strengthen your claim and prove financial loss and physical injury includes:
- Medical records and related bills
- Accident reports
- Witness statements
- Security camera footage
- Photographs of the hazardous condition(s)
- Timeline of when you were present at the property
- Proof of lost wages
- Property damage if applicable
The strength of your evidence will ultimately determine the amount of compensation you can recover.
Proving Negligence in Slip and Fall Cases
Not all slip and fall cases are clear cut, like falling in a puddle that a store owner had neglected for hours or icy sidewalks that should have been dealt with. Proving the property owner is at fault can be complicated which is why if you are claiming that it was the property owner’s fault solely, you must illustrate one of the following:
- The property owner should have known or been made aware of the danger or hazard
- The owner (or property representative, ie. employee) knew of the issue but it was not fixed
- Or, the owner caused the dangerous condition
Timing is one of the most critical components to slip and fall claims as it could mean the property owner did not have the time to fix the situation or they had plenty of time to remedy the issue. An example of this would be water spilling in a grocery store aisle, but the customer who caused it did not notify employees. Then, once an employee comes upon it, they return to the back to grab a wet floor sign and mop, yet someone falls in the meantime.
Because the employee was actively remedying the situation that had occurred only within moments, it may be difficult to prove negligence. Understanding how timing and hazardous conditions can play into proving a slip and fall case is also critical.
Do I Need a Lawyer for a Slip and Fall Accident Claim?
You never are required to attain legal representation for a slip and fall accident. You can technically file a personal injury claim or lawsuit on your own, negotiate a fair settlement, and represent yourself in court.
However, when you forgo legal representation, you lose out on services that can make all the difference in a successful case.
A slip and fall lawyer can help you by:
- Providing legal advice
- Gathering evidence to establish negligence
- Calculate recoverable damages
- Negotiate a settlement out of court
- Represent you in court
- Serve as your representative in communications while you focus on recovery
According to the U.S. Department of Justice, 90 to 95 percent of personal injury cases are settled before making it to trial. However, when victims do not utilize a lawyer, they often settle for a lesser amount than they otherwise would have obtained. Further, in those cases where the case does go to trial, the verdict is often unfavorable to the victim.
At Munley Law Personal Injury Attorneys, our premises liability attorneys work on a contingency fee basis meaning you won’t pay anything up front and instead, your lawyer is paid once a settlement or verdict is reached on a percentage of the total compensation and related fees.
Choose a Munley Law Personal Injury Attorneys Slip and Fall Accident Lawyer to Represent You
Proving who is at fault in a slip and fall accident can be difficult. Property owners will try to shift blame, making you question how strong of a case you really have. However, even if you share in the fault, you still may be able to recover damages for the injuries you sustained.
An experienced slip and fall premises liability attorney can prove responsibility and help you win your case.
If you or a loved one had a slip and fall accident caused by someone’s carelessness, don’t wait any longer. Call us today or use our online contact form now to get in touch with one of our slip and fall injury attorneys.
You don’t pay until we win. Time is of the essence so call Munley Law Personal Injury Attorneys today and get on track to recovery.
Robert W. Munley, III
Robert W. Munley, III is a seasoned personal injury attorney and award-winning courtroom advocate. While he regularly handles a range of personal injury cases, his focus is on truck accidents and workers’ compensation cases. Bob has served thousands of accident victims and workers, winning them millions with his bold advocacy.
