• Jan 25, 2023

How Do You Prove Negligence in a Slip and Fall Case?

How Do You Prove Negligence in a Slip and Fall Case?

Slip & Fall Law

Every year, countless people are injured because of slip and fall accidents. The most common types of of a slip and fall case are slipping on a wet floor, fall accidents involving tumbling down a staircase in dangerous conditions, or a fall accident caused by someone tripping on uneven ground or walking surface.

Usually a slip and fall accident is due to someone else’s negligence, and sometimes the slip and fall can cause serious injuries. If someone does ensure a slip and fall accident and is injured, they may be able to recover compensation with the help of a slip and fall lawyer. A personal injury lawyer can help a victim cover medical bills they may have accrued from the accident on someone else’s property and can help in proving negligence and liability for the fall claim.

Lawyers for Justice PC‘s attorneys offer a free legal consultation for anyone involved in a slip and fall accident.

Some Common Examples of Negligence in a Slip and Fall Claim

Some of the most common reasons people fall into the property of other persons include:

  • Wet or slippery floors because someone didn’t mop effectively
  • An accumulation of ice and snow on surfaces where employees or pedestrians walk because reasonable care wasn’t taken to shovel
  • Any type of debris or irregular objects on walkways that wasn’t picked up because of someone else’s carelessness
  • Damaged and/or uneven floors on someone else’s property
  • Worn or old carpets that could be frayed or bulging in certain areas because the responsible party hadn’t maintained their care
  • Any loose floor runners or rugs that could cause someone to trip
  • A pavement or sidewalk that is cracked or uneven
  • If a bannister is wobbly, loose, or damaged in some way that doesn’t provide proper support
  • Faulty stairs that were improperly designed due to someone else’s negligence
  • Poor lighting

What Constitutes Negligence?

Negligence means that a property owner, for example, knows there are dangerous conditions on the premises that could cause injury, but they do not take action to rectify it. Thus, when a fall accident occurs because of the the dangerous condition, the victim can then prove negligence against the property owner in a slip and fall claim.

How Do You Prove Negligence In A Slip and Fall?

In most personal injury cases related to premises liability, a high level of evidence must be found for the slip and fall claim to be valid. That is to say, the plaintiff suffered damages, or needed medical treatment, and must prove through evidence that the property owners knew about the dangerous conditions and did nothing to remedy them.

The victim must prove:

  • that the wrongdoing violated the law
  • that the violation led to a slip and fall
  • that the slip and fall accident caused an injury

What To Do After A Slip and Fall Accident – FAQ

do i need a lawyer for a slip and fall case? In most cases, a fall accident lawyer will be very helpful in proving negligence that caused slip and fall cases because they have strong sense of the law and how to fight for victims. The attorneys at Lawyers for Justice, PC can help. Call today for a free consultation.

what to do after slip and fall accident? After the fall occurred, it is best to make an accident report so the dangerous condition is documented. It is then advisable to seek medical assistance to see if the victim suffered injuries from the fall. After any medical records are obtained, contacting an attorney is the best thing to do, while presenting the accident report and medical bills and/or records.

how long do you have to report a slip and fall? A victim must file a claim no longer than two years since the date of the accident. If the injury was not discovered immediately, then the plaintiff has one year from the date the injury was discovered to file a claim.

how to file a slip and fall claim? Report the accident to the premises owner, get contact information from any witnesses (if possible), take photos of the accident site, seek medical attention (if necessary), complete the accident report.

The actual filing of a slip and fall case will be done by the attorneys who are taking the case.

if I fell in the parking lot due to inadequate lighting, who is responsible for my injuries? If the parking lot owner did not take proper precautions to illuminate the space that led to the accident, the owner can usually be held legally responsible for any injuries.

what if I got hurt while at a neighbor’s home who invited me there for a party? Under California’s laws, houseguests are sometimes able to recover compensation from their hosts , depending on how their injuries occurred.

Homeowners must tell their guests about any dangerous conditions that people are unlikely to recognize (this is extremely important for California homeowners!). For example, if a guest fell and hurt themselves because they tripped on a throw rug, the guest may be able to recover damages if they could prove the host knew other people had tripped over it in the past.

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