What You Need to Know About a Slip & Fall Case

Most people do not realize how costly a slip and fall accident can be. According to the Centers for Disease Control and Prevention, a slip and fall cost averages more than $30,000. Americans are paying a whopping $34 billion each year for this type of accident that makes medical bills the leading cause of bankruptcy.

Not only that it drains you financially, but it is also considered the most common cause of brain injury and hip fractures. In addition to medical bills, health and other damages, slip and fall accidents could result in lost work productivity.

What is Considered a Slip and Fall Accident?

“Slip and fall” is a legal term that refers to a personal injury in which a person falls, slips, or trips and incurs an injury on someone else’s property. A property may be a private residence, commercial establishment, or even government-owned land or building. If you suffered injuries due to the property owner's negligence, you have the right to bring a premises liability lawsuit.

However, there are three elements required to prove your case:

1. The slip and fall accident is a result of someone else’s negligence.
2. The slip and fall accident caused your injuries.
3. Your injuries have direct financial costs.

You need a great deal of evidence for a personal injury claim or a lawsuit for a slip and fall case. An attorney must prove that the property owner was negligent, which led to the accident. For example, a spill on the floor or if someone applies salt on the stairs resulting in a slip and fall could constitute negligence.

Such actions meet the negligence criteria because the owner fails to meet the duty of care a reasonable person should meet to protect the people's safety while on his or her property.

How Do Slip and Fall Cases Work?

You should immediately notify the property manager or a security guard right after the accident so you can file an incident report. Failure to do so can not only prevent you from receiving immediate medical attention but may also jeopardize your right to compensation.

An insurer may try to offer you a settlement that fails to cover your past full, and future medical bills, lower-earning ability, lost income, pain and suffering, and other damages. If the insurance company is trying to deny coverage for the accident, it is time that you should seek the help of a personal injury attorney on how to win a slip and fall case.

To get the maximum amount of compensation, filing a lawsuit for your personal injury case is the best way to do it. Your attorney can do this on your behalf. Typically, a lawsuit would allege that the store or property owner did not:

1. Correct a dangerous situation that the owner knew or should have reasonably known about
2. Warn visitors to the property that a dangerous situation existed.

The lawsuit may also assert facts such as:

1. Who is liable
2. Where the injury took place
3. The date of the accident
4. Other injuries and damages to your person

After filing the lawsuit, the property owner would answer the allegations. He or she will have the opportunity to present their version of the accident. If there is no settlement after the information-gathering process, then the case should proceed to trial.

After hearing all the evidence, a jury would return the verdict. The jury would typically answer two questions:

1. Was the property owner negligent?
2. If so, how much should you recover in damages?
Note that after a verdict, both parties have the right to appeal the decision.

How Do Lawyers Prove Negligence in a Slip & Fall Case?

Unfortunately, there is no precise way to determine when to hold someone responsible for the slip and fall injury. It turns on whether the property owner prevented slipping and tripping to happen. Or, if you were careless not to see and avoid the conditions that made you fall.

To assess whether the defendant acted reasonably or not, here are some factors to consider:

1. Did the dangerous condition or obstacle exist long enough that a reasonable property owner should have taken action to eliminate it?
2. Does the property owner have a policy of routinely checking for any potential hazards on the property? If so, is there a record of whether that procedure was followed before the accident?
3. Is the creation or presence of the potential hazard justifiable? If so, did the justification exist at the time of the slip and fall accident?
4. Were there preventive measures made to make the hazardous condition less dangerous, like relocating the hazard, placing adequate warning signage in the location, or preventing access to the area?
5. Does the location have poor lighting, or does limited visibility contribute to the slip and fall?

Additionally, there are three common ways to prove whether the defendant saw the hazardous conditions: sworn testimony, video surveillance, and incident reports. If someone other than you knows how long the hazardous conditions were there, that person can establish a property owner’s notice of the hazard.

Video surveillance of the property can show the hazardous conditions of the owner’s property. And lastly, an incident report that describes what happened, how it happened, who witnessed it, and so forth can give insight into how long the hazardous conditions were present.

These pieces of evidence, if present, may increase your chance of winning the case.

Conclusion

If you consider a legal claim, you should hire a personal injury lawyer for slip and fall case. Please note that each lawyer has his or her own field of specialization and nuances. Do your research and find lawyers who specialize in dealing with your case. Personal injury lawyers have the expertise in dealing with these cases, understand the nuances, and have the know-how to approach a slip and fall claim.