Slip and fall incidents are some of the most common ways that people suffer injuries. They can occur due to anything from water in a supermarket aisle to an uneven staircase. While not every slip and fall accident can result in a lawsuit, it is worth exploring whether you have a case and what it will take to recover damages, especially if your injuries are still hanging around.
One of the biggest things that will come into play in a slip-and-fall lawsuit is the concept of premises liability. This means that you must prove that a property owner, in regard to the responsibilities of their ownership and maintenance of the property, was negligent in their actions. Just because you suffered an injury on their property does not mean the owner can be held liable. Instead, you are responsible for showing that the owner knew of or should have been aware of unsafe conditions and that they deliberately ignored them.
How Can I Prove Liability in a Slip & Fall Case?
Liability is proven by showing that:
- The owner or their employee directly caused or left the dangerous condition
- The dangerous condition was known about by the owner or employee and no action was taken
- A reasonable person would have discovered, removed, or repaired the dangerous condition
- That condition directly caused your serious personal injuries
This works by showing that the accident was not simply caused by your carelessness. For example, if the soda was spilled on the floor of a restaurant and it was mopped up, but no caution signs were posted in the area, you may be able to hold the restaurant liable since you would not reasonably expect the floor to be slippery. However, if signs were posted, it can be suggested that you should have known that the floors may have been too slippery to walk on.
Filing a slip and fall lawsuit can be beneficial if you suffered a severe injury that prevented you from working and cost you any money in medical expenses. In addition, you are holding property owners liable for hosting a hazardous condition that may have harmed other people. Following a lawsuit, it is likely that the property owner will take steps to correct their mistakes.
Have you suffered an injury from a slip-and-fall accident? Don’t wait to get the compensation you deserve. Contact The Law Office of James R. Snell, Jr. LLC. for a free initial case review.