How to Prove Negligence in a Slip and Fall Accident Case

Like any other personal injury lawsuit, proving negligence is absolutely necessary in a slip and fall case to establish ground and recover compensation. You must be in a position to clearly demonstrate that the defendant ignored a hazardous condition by failing to apply reasonable steps, which led to your injury. Let’s explore some tips to help prove negligence in the accident case. 

Establish That the Defendant Owed You a Duty of Care

Whether providing private residential premises, business stalls, or public places, all property owners are required to maintain safe spaces for visitors. It is their legal duty to secure the premises from any hazards posing a threat to occupants.

With a personal injury lawsuit, you need to prove that the negligent party was responsible for your safety while on the premises. It is essential to note that trespassers are generally not owed a duty of care by property owners, as they are not authorized to be on the premises in the first place.

Demonstrate Existence of a Dangerous Condition

You need to prove that a risky condition existed on the premise. It could be a wet and slippery floor, a broken step, spilled drinks, uneven walkways, poor lighting, or weather-related issues, such as uncleared ice or snow from sidewalks. A competent personal injury lawyer team can help establish that a reasonable person would not expect to encounter such a hazard, especially when walking normally. 

Collect Enough Evidence at the Fall Scene 

The steps you take after an accident have a direct impact on the outcome of your lawsuit claim. What quickly comes to mind after a fall incident is to seek medical attention. However, it is crucial to gather enough information and details at the scene to preserve facts before they are altered.

As a victim, capture pictures of the hazard from multiple angles to reveal the cause of the slip. If some people witnessed the fall, collect their contact information. The witness account will go a long way in the legal process. Request a copy of the incident report and store the clothes and shoes worn when it happened.

Demonstrate a Breach of Duty of Care

This is a very crucial part of your slip and fall legal case. You need to show that the defendant was aware of the hazard or dangerous condition, but failed to take actionable steps to prevent injuries.

For instance, a store owner’s failure to mop a spill promptly or set up a warning sign can translate to a breach of duty. As the injured party, you must explain how the breach put your health and life in danger. The goal is to provide convincing evidence to show that the negligent party was directly at fault for the fall and injuries sustained. 

Resulting Damages 

You should clearly reveal how the accident resulted in damages and injuries to receive any meaningful compensation. When assessing damage, the focus is usually on the emotional, physical, or financial harm sustained during the accident. It can include lost wages, medical bills if you suffered bodily injuries, property damage, emotional distress, pain, and more. 

Proving negligence in a slip and fall lawsuit is never easy, but if you can demonstrate a duty of care, existing hazards, breach of duty, and damages sustained, you stand a better chance of winning your case. Always walk the journey with an experienced personal injury attorney.