What You Must Prove to Win a Slip and Fall Injury Case
Slips and falls are common and severe accidents that have a high fatality rate. Victims can also sustain serious injuries that can affect their usual way of life. The severity of the injuries also depends on the victim’s gender and age.
The accidents are common in the workplace, residential properties, commercial properties, or the streets. Depending on where the accident happened, victims of slips and falls accidents can claim compensation under the workers compensation act, property liability, premises liability, or any other liable party as per the state’s laws.
If you sustained an injury after a slip and fall accident, you might have a right to claim compensation. To determine if you have a valid claim and how much compensation you should expect, obtain a slip and fall attorney to handle the claim process for you and negotiate maximum compensation.
To support your claim, your attorney will have to gather substantial evidence to prove the case. Here is what you must prove to win a slip and fall injury case:
Duty of Care
Property owners and employers owe the people in their property some level of care. They need to provide their invited guests, customers, or employees with a safe space free from risks. They should repair any damages to their property by giving sufficient warning of the risks.
To claim compensation for a slip and fall accident, the victim has to prove that they had a right to be in that property at the time, either as a guest, worker, or customer. Victims could not claim compensation if the property owner were not aware that they were on their property. The defendant can claim that they were trespassing or breaking into the property when the accident occurred.
The plaintiff or victim should also prove that the defendant did not do anything to mitigate risks or act cautiously to prevent the injury. For example, if a property owner fails to secure an open pit in their property and doesn’t give sufficient warning, they can be negligent.
The defendant is guilty of breaching the duty of care if they were aware of the risk and did nothing about it. If you slip and fall on a banana peel, the defendant can claim that they did not have enough time to realize the risk and get rid of the peel. However, if you can prove that the peel was lying on the floor for several hours before you slipped on it, you can have a valid claim because the property owner has a duty to ensure that their floors are clean and free of risks.
To win a slip and fall claim, you will also have to prove fault or responsibility. This can be quite challenging to prove because your attorney has to prove that the defendant is directly responsible for the injury and the plaintiff did not contribute to it. Some states recognize comparative fault that allows the plaintiff to recover maximum damages even if they are partly responsible. However, the award can be reduced drastically. If your attorney can prove all these, your claim can be successful, and you can receive fair compensation for your damages.
Contact a Slip and Fall Attorney
Though your case’s success largely depends on your ability to prove duty of care, negligence, and fault, the attorney you hire has a significant role to play in your case. The right attorney will gather evidence, work with experts to prove liability, negotiate your compensation to ensure you get the maximum settlement possible. This takes a lot of time and dedication. Therefore, hire the right attorney for your case.