While slip and fall cases may not seem serious, these accidents can lead to severe consequences. A hard fall could send you to the hospital where you may have to face costly medical bills. If you cannot work due to your injuries or condition, you could also lose a portion of your income that you may need to pay those bills.
If you were injured on another individual’s property you might be wondering about your legal rights. In the event the accident was due to this person’s negligence, you may be able to file a personal injury lawsuit. So, how do you know when a slip and fall case is valid? Today, we will go over how to prove liability and other factors you need to know about a slip and fall case.
How to Prove Negligence and Liability
Whether you are pursuing an insurance settlement or filing a personal injury lawsuit, you will need to be able to prove that someone else is legally responsible for your injuries. This means you will need to determine who is responsible for your accident. The first step to figuring this out is to determine if the accident happened on private or public property.
The second step is to gather evidence as quickly as you can. If you slipped and fell in a grocery store, you will want to take pictures of where you fell. If the floor was wet and a wet floor sign was not put up, the store will be held liable for negligence. As wet floors and other evidence can be cleaned up, you will want to ensure you take pictures or get ahold of video footage as soon as possible.
To hold another individual responsible for your injuries, you must prove one of the following:
- A property owner or employee should have foreseen a dangerous condition, tried to remove this potential hazard or danger, and failed to do so.
- A property owner or employee caused the dangerous condition which caused the slip and fall accident.
What Role Does Negligence Play?
To be held negligent, a property owner must have failed to take the necessary precautions another reasonable individual would have to keep their property safe from danger. When determining if an owner was negligent and that your fall was a result of this, you should consider the following:
- Did the property owner do his/her due diligence and check for potential hazards on their property?
- Were there safety precautions put into place to deal with potential hazards?
- How long did the hazards or dangerous conditions exist on the property?
- Was there a justifiable reason as to why the hazard existed?
- Could the owner have prevented the hazard or hazardous condition? (such as putting up a wet floor sign)
- Were there any other factors that could have caused your slip and fall?
Consult with a Slip and Fall Attorney from Our Firm
If you are wondering if you should pursue a personal injury lawsuit but do not know what steps to take to move forward, do not hesitate to contact our office. We have a team of knowledgeable attorneys dedicated to protecting your best interests. We understand that filing for litigation can be an emotionally taxing process; however, with the right legal support, it is possible. Our team is dedicated to your success.
Contact our office online or call us directly at (405) 294-1511 to schedule a consultation.
