How to prove negligence in a slip-and-fall accident

If someone suffers injuries in a slip-and-fall or other type of accident, the medical expenses and other costs can add up fast. These might include lost wages, transportation costs (if someone can’t drive for a time), paid child care or household help while an injured person is recovering and more. That’s why it’s crucial to be able to show that a property owner’s negligence was responsible for creating a hazard.

Slipping and tripping accidents can happen at any time and anywhere. Wet or uneven floors, tripping hazards like cords or torn carpeting and even a lack of lighting that makes it difficult to spot and avoid hazards are common types of property owner negligence. They may also be responsible for certain outdoor conditions, like icy walkways and steps.

Property owners are generally considered responsible for a hazardous condition if they know about it or should have known about it and did nothing to correct it or at least warn visitors of it (like putting up a sign or cordoning it off).

The 4 elements of a negligence case

There are four key elements under the law that a victim typically must prove to make a successful negligence case against a property owner: duty of care, breach of duty, causation and damages. A person has grounds for a negligence claim if they can prove that:

• The property owner had a duty of care.
• They breached that duty. 
• That breach caused harm to the plaintiff. 
• The harm (or “damages”) is compensable.

Anyone who has been injured due to negligence should be prepared to make a strong case. A property owner (whether it’s a small business or large corporation) may say that the injured person was careless, had mobility limitations that made them prone to fall or is just plain lying.

The importance of solid evidence

Many people are so embarrassed after a slipping or tripping accident that they just want to get out of there – only to find later that they are injured. That’s why it’s important not to sign a liability waiver or any document a property owner has ready for such an event.

It’s also smart to gather as much evidence at the scene as possible. For example, photos or videos of the hazardous condition, the injury itself and witness accounts can help. Getting a medical evaluation immediately can link injuries to the accident.

If you or a loved one has suffered injuries in an accident caused by a property owner’s negligence, before you sign any waivers or agree to any settlement, contact the experienced personal injury attorneys at Alpert, Slobin & Rubenstein, LLP for a free consultation and evaluation of your case.