While slip and fall accidents may not seem very serious in their occurrence, they frequently lead to severe injuries, ranging from conditions such as fractures to injuries to the head, and later on end up being huge financial burdens. For instance, falls that occur due to improper maintenance of property can be grounds for claims. The only thing that the injured party must do in order to win the case is to prove negligence; that something would be done unreasonably by the owner or occupier of that property to prevent harm.
Prove Negligence in Injury Cases Due To Falling
1. Showing the Duty of Care
Proving the duty of care of the property owner towards you is the first step in any case of negligence. This meant they had a duty to maintain a reasonably safe environment with business owners, landlords, and, in fact, all homeowners creating a legal duty of care not to allow hazards on their property that may harm lawful visitors.
For example, grocery stores must mop immediately broken stairs must be fixed by landlords, while business parking lots must have adequate lighting. This applies to you in the property if you are a legal visitor there as a customer, tenant, or guest.
2. Proving Breach of Duty
Next, you have to prove that the property owner failed to meet that duty by taking insufficient care to avoid the accident. This could include:
- Failing to clean up spills or debris promptly.
- Condoning broken flooring, uneven walkways, or carpets that have torn edges.
- Neglecting to put warning signs near wet or hazardous areas.
- Not maintaining proper handrails, stairs, or even lighting.
Basic rules of the law state that a reasonable person under similar circumstances would have actually noticed and dealt with the danger, and the property owner did not.
3. Proving Causation
You should then demonstrate that the fall and injuries were directly attributable to the negligence of the property owner. By this, it means that you will have to show how a certain unsafe condition caused you to fall and how that fall would not have happened had that condition not existed.
That boils down to proving the elements of your injury with really hard evidence from photographs of the scene, witness statements, and incident reports that help draw your injury to the property owner’s action or inaction.
4. Damages
Proving measurable damage as a result of the accident will also be the final step. All these consist of medical bills, loss of income, as well as pain and suffering that the person experiences due to the injury, alongside a possible long-term disability. Having clear and thorough records in connection with medical receipts will strongly establish your case.
By holding negligent parties accountable, you can win and acquire the deserved compensation.
This article was written by Alla Tenina. Alla is a top slip and fall attorney Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
