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Negligence in Slip and Fall Cases: Establishing Liability

Our Blog January 26th, 2024
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Negligence in Slip and Fall Cases: Establishing Liability Negligence in Slip and Fall Cases: Establishing Liability

Slip and fall accidents can happen anywhere, from icy sidewalks to grocery store aisles, and the consequences can be severe. Victims can experience sprains and bruises on the mild side to broken bones and even head trauma in worst case scenarios. In such cases, understanding negligence and how it plays a crucial role in establishing liability is essential. If you've been injured in a slip and fall accident due to someone else's negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

The Basics of Negligence

Negligence, in the context of slip and fall cases, refers to the failure of a person or entity to exercise reasonable care, resulting in harm to another person. To establish liability in a slip and fall case, several key elements must be present:

  • Duty of Care: The first element to consider is whether the property owner owed a duty of care to the injured person. Property owners have a legal duty to maintain a safe environment for visitors.
  • Breach of Duty: It must be shown that the property owner breached their duty of care. This breach may involve failing to address known hazards, inadequate maintenance, or negligence in preventing foreseeable accidents.
  • Causation: The injured person must establish a direct link between the property owner's breach of duty and their injuries. In other words, they must prove that the breach of duty was the cause of the accident.
  • Damages: Lastly, to succeed in a negligence claim, the injured party must demonstrate that they suffered actual damages as a result of the accident. This can include medical expenses, pain and suffering, and lost wages.

Comparative Negligence

It's important to note that some states follow a comparative negligence system. This means that even if the injured party shares some degree of fault for the accident, they can still recover damages. However, the amount of compensation awarded will be reduced based on their percentage of fault.

Establishing Negligence in Your Slip and Fall Case

In order to win a slip and fall case, you must prove that the property owner or manager was negligent. This means demonstrating that:

The property owner owed you a duty of care - This means they had a legal obligation to keep the premises reasonably safe for visitors. In general, property owners owe a higher duty of care to invitees (such as customers in a store) than to licensees (such as social guests) or trespassers.

The property owner breached their duty of care - This means they created or failed to fix a hazardous condition that caused your fall.

Examples of hazardous conditions might include:

  • Wet floors
  • Spilled liquids
  • Torn carpet
  • Uneven surfaces
  • Poor lighting
  • Missing handrails

The breach of duty was the proximate cause of your fall - This means that your fall would not have happened but for the property owner's negligence.

You suffered damages as a result of your fall - This includes medical expenses, lost wages,and pain and suffering.

The Role of Evidence and Witnesses:

To establish negligence and liability in slip and fall cases, evidence and witnesses play a critical role. This may involve gathering photographs of the accident scene, maintenance records, surveillance footage, and obtaining statements from witnesses who can attest to the conditions at the time of the accident.

Gathering Evidence to Support Your Claim

Building a strong slip and fall case requires gathering evidence to support your claims. This evidence may include:

  • Medical records documenting your injuries and treatment.
  • Photographs of the hazardous condition that caused your fall.
  • Witness statements from anyone who saw you fall or the hazardous condition.
  • Security camera footage of the accident, if available.
  • Incident reports filed by the property owner or manager.

Additional Tips for Slip and Fall Victims

If you or a loved one has been involved in a slip and fall accident, there are several important steps to take to minimize the chance for long-term damage and protect you in the event of a lawsuit later.

  • Seek medical attention immediately after your fall -  This will help document your injuries and establish a connection between your fall and your injuries.
  • Report the accident to the property owner or manager -  Be sure to get their name and contact information.
  • Take photographs of the hazardous condition that caused your fall -  If possible, take photos from different angles.
  • Do not give any statements to the insurance company without first consulting with an attorney.

Remember, you are not alone. Dressler Law is here to help you through this difficult time.

We are here to help

At Dressler Law, we understand the physical, emotional, and financial challenges that slip and fall victims face. Our experienced personal injury attorneys will work tirelessly to investigate your accident, gather evidence, and build a strong case on your behalf. We will negotiate with the insurance company to get you the compensation you deserve, and we are not afraid to go to court if necessary.

Contact Dressler Law Today for a Free Consultation

If you have been injured in a slip and fall accident, don't hesitate to contact Dressler Law today for a free consultation. We will review your case and discuss your legal options. We are committed to helping you get the justice you deserve.

Call us at 860-247-1122  or email This email address is being protected from spambots. You need JavaScript enabled to view it. to schedule your free consultation.

Read 512 times Last modified on January 26th, 2024
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Disclaimer

Information obtained from this website and/or law firm literature is not intended to be legal advice.
Call Dressler Law for advice concerning your particular situation. Disclaimer