Slip and fall accidents are perhaps one of the most frustrating incidents for someone to experience. One moment you’re walking along peacefully in an establishment, the next, your flat on your backside wondering what made you lose traction so suddenly. When there are no proper “wet floor” signs, it’s difficult to tell where it’s safe to walk and where there are hazards.
In these situations, it is a complicated issue to determine who is accountable for your slip and fall accident. Was it your fault, for not paying enough attention or the owner of the home or establishment you were in, for not giving proper warning? With the help of an attorney, you can be sure that the appropriate person is held responsible for your slip and fall injury and that you’ll get the compensation you deserve.
How Liability is Determined for Slip and Fall Injuries
There are two terms you need to know concerning the process of determining liability for slip and fall incidents:
- Premises liability: This is when an individual is injured due to hazards on someone else’s property – whether that be a store, a home, or another area.
- Duty of care: A property owner has a legal obligation to keep the establishment safe and hazard-free. Anyone who is allowed onto the property should be free from danger (to the extent that is under the control of the property owner).
When a slip and fall incident occurs, the person who was injured is eligible to receive compensation, as this is indicative that the property owner did not fulfill their legal responsibilities regarding safety. Therefore, they are potentially liable for the victim’s injuries. To move forward with a case, however, you must prove the following:
- Liability: The owner of the establishment in which you were injured had a duty of care to you.
- Negligence: The incident was the direct result of negligence on the property owner’s behalf (i.e., they neglected to put up a “wet floor” sign).
- Fault: The property owner’s negligence is what caused your injury.
This may seem simple, however, proving negligence can be quite challenging. It is for this portion of the case that you will need the help of an experienced lawyer. This is because you must also establish a few more critical details in addition to the property owner’s fault. Your evidence must prove that:
- You were legally allowed to be on the property where you were injured.
- There were hazardous conditions that were the direct cause of your injury.
- The property owner not only neglected to provide a warning of the hazardous conditions but did not attempt to eliminate the hazard either.
Enlist the Help of An Injury Attorney
Slip and fall incidents may seem simple at the surface, however, there are a lot of details that need to be gathered and recorded to construct a strong case. Your attorney will be able to conduct further investigations to provide irrefutable evidence that you were not at fault for your injury so that you can get exactly the compensation you need for recovery. Call an attorney today to be on your way toward resolving your slip and fall case.
