Accidents on property belonging to others can happen as a result of negligence. Slip and fall claims are mostly categorized under the premises liability claims. This term is used during a case involving an injury caused by slipping or tripping on another individual’s property. A slip and fall case can occur due to dangerous conditions such as a wet floor, poor lighting conditions, narrow stairs, or torn carpeting. In a slip and fall injury claim, you must be able to prove the accident is a result of negligence and that the owner of the property is responsible. Also, you must have sustained an injury as a result, no matter how minor. This article will answer the main questions we usually get from clients involved in slip and fall injury claims.

What Do I Need to Prove a Slip and Fall Injury Claim?

The first thing to consider is the parties that are potentially at fault, i.e., the property owner or management. You also need to consider and prove if there was a clear case of negligence. Could the owners prevent the accident? You must also be prepared to prove the accident wasn’t a result of your carelessness. The following are some general rules that guide proving a fault in a slip and fall case.

• The property owner or employee must have failed to recognize, repair, and remove a dangerous condition or object that can result in a potential accident. It could be a bad walking surface or a pothole that could cause an accident.
• It will be considered if a reasonable individual can recognize the situation or condition as being hazardous and whether the property owner or employee had enough time to correct and prevent the problem before the accident happened. OR
• The owner or employee caused the hazardous condition that led to the slip and fall incident by leaving a potentially dangerous object in a walking path or another place. It must be evident that the obstacle or object could cause a trip and fall incident.

Under normal circumstances, property owners must maintain safe, reasonable conditions and safety precautions. For example, a leaking roof must be repaired to prevent slippery conditions. For a slip and fall injury claim to be valid, the victim must have adhered to the safety precautions installed by the property owner before the accident.

How Do I Prove Negligence and Liability of the Property Owner?

During the critical stages of a slip and fall case, “reasonable” is a term that often occurs. For a property owner to be liable in a slip and fall case, they must have failed to act reasonably in avoiding or controlling the conditions that may lead to a slip and fall incident. To prove negligence and liability, the plaintiff must prove some factors.  First, the hazardous condition must have existed long enough for the property owner to have repaired or eliminated the issue. Under normal circumstances, a “reasonable” individual would have recognized the problem and fixed it. The property owner must also have performed safety checks and may have known about the dangerous condition but ignored it. The safety hazard must be something that must have been possible to repair, prevent, or remove but was neglected. Another thing the plaintiff may need to prove is if the property owner directly caused the hazardous condition. The judge or jury will decide whether there was a case of negligence and liability or not.

What Possible Arguments Can the Property Owner Use Against Me? 

There are two forms of arguments the property owner or insurance provider may use against you in a slip and fall case.  These include Comparative Negligence and Contributory Negligence. This may be used to prove you are either partially negligent or responsible for the incident that resulted in injuries. In states that follow the comparative negligence rule, the court will lessen the compensation for injuries if it finds out that the plaintiff contributed to the accident. In states that follow the contributory negligence rule, if the court finds out that the plaintiff contributed to the incident in any way, they’ll not qualify for any compensation. Some factors should be considered for your claim to be fully valid. One is if you have a valid reason to be on the premises where the incident occurred. Another is if a reasonable individual could have avoided the situation, which resulted in injuries. Also, was the plaintiff engaging in activities that may have contributed to the accident, e.g., Walking and texting at the same time.

Get Help from Pinder Plotkin LLC and Get Your Compensation

Have you sustained injuries as a result of a slip and fall accident? If so, you may be liable to receive compensation. Contact us at Pinder Plotkin LLC for assistance.