Slip and fall cases often come down to the business's knowledge of the hazard and what they did to warn customers about the safety issue. For instance, imagine you are shopping at a large big-box store and a customer spills a large amount of water on the floor, alerts the manager who then does nothing to clean it up or caution other customers. If you then slipped, you may have a credible case to sue the store because they should have cleaned it up and then warned customers about a slippery floor.
If you are injured in a slip and fall accident, you may look to the property owner for compensation for the cost of your medical expenses and other losses. But determining liability may not be as straightforward as it seems. If this happens, what do you need to prove your slip and fall claim?
#1: The Defendant Is Responsible for the Condition
In order to prove a slip and fall personal injury claim, you first need to determine who is legally responsible for the property or condition. In the accident occurred at a business, the specific situation may determine who is responsible -- a property owner, the business owner or another management company. In other words, it’s important to make sure you are filing a claim against the legally responsible entity.
#2: A Defective Condition Caused Your Injury
Falls, trips and slips are one of the leading causes of unintentional injury in the country. However, not every slip, trip and fall is the result of what is legally called a “defective condition.” In order to prove a slip and fall personal injury claim, you must show that the property was not maintained in a safe condition. And that condition directly caused your injuries. For instance, if you fall in a dimly lit stairwell in your apartment complex, you must show that your injuries were directly caused by the dark conditions and you would not have fallen had that not been the case.
#3: The Defendant Knew or Should Have Known About the Hazardous Conditions
You must be able to show that the responsible party knew about the unsafe or hazardous condition. In the slippery floor at a retail store example, another customer alerted the manager about the condition. Thus, the responsible party (the business owner) knew that unsafe conditions existed but did nothing about it.
On the other hand, if another customer spills food on the floor, does not alert any employees and then seconds later you fall on the spilled food, it may be more difficult to prove that the store should have known about the hazard since it had just happened. Slip and fall cases can be tricky. Before judging for yourself, consult with an experienced slip and fall accident lawyer who can advise you about the chances of recovering compensation for your injuries.
Winning Your Case
A skilled premises liability attorney will build a strong case with solid evidence to prove your claim. A slip and fall injury claim typically will seek compensation for two types of damages -- economic and non-economic. Economic damages include tangible losses such as medical bills and lost income. Non-economic damages include intangible losses like pain and suffering. In the case of serious injury and long-lasting disability, your claim will also seek compensation for future medical costs for ongoing care and treatment as well as the lost income you would have received if you are not able to return to work.
Brandon J. Broderick, Slip and Fall Accident Lawyer
If you’ve been injured in a slip and fall accident, you should consider discussing your case with an experienced premises liability lawyer. At Brandon J Broderick, Attorney at Law, we believe in compassion and empathy and will aggressively litigate your claim to maximize your compensation. Contact us today for a free consultation. With our proven track record of success, our top-rated law firm will get you the justice you deserve.