Injuries from a slip and fall are prevalent. They can range from bruising to minor cuts. While not life-threatening, they are painful and may cause lasting trauma. Depending on the severity of your fall, you may need several weeks of medical treatment. In many cases, the only way to recover is to seek legal advice. A qualified slip and fall attorney can help you get the compensation you deserve. This article will explain what you need to prove your slip and fall case.
How to Prove Negligence in a Slip and Fall Injury Case
When you slip and fall on someone else’s property, you have a right to pursue a slip and fall case. To successfully pursue a slip and fall injury case, it is essential to demonstrate that the other party was negligent. To show negligence, a plaintiff must prove that the negligent party failed to remove the hazard before it occurred. The plaintiff must also prove that the other person was negligent by not taking reasonable steps to clean up the hazard.
Listed below are some of the main steps to prove negligence:
- Duty of care – Property owners have a duty to keep their premises safe.
- Breach of duty – The property owner breached that duty of care through negligence.
- Causation – Direct connection between the property owner’s negligence and your injuries.
Our slip and fall attorneys know the legal elements of slip and fall cases and know how these laws affect your particular case.
Duty of Care
To successfully prove your slip and fall injury claim, you must first establish a breach of the defendant’s duty of care. The property owner had a legal duty to ensure their property was safe for guests. The property owner should have been aware of the danger and taken steps to protect the victim. If the defendant did not see the danger, it might be challenging to claim liability. Whether or not the defendant was negligent will depend on the standard of reasonable conduct. However, it is essential to prove the negligence of the defendant. You must also provide proof of the damages the accident caused.
Breach of Duty
In a slip and fall injury case, you must prove that the defendant was negligent. If the property owner fails to remove the hazard, the plaintiff must prove that the property owner had sufficient time to fix the problem.
A breach of duty can result in a personal injury claim. For example, the restaurant owner can be held liable for a slip-and-fall accident if they did not correctly inspect the restaurant before opening it. A similar scenario can occur when a supermarket owner fails to inspect its refrigerator before opening it and causes a person to slip and fall. A negligent property owner can also be held liable for the negligent actions of its employees. You must prove the defendant’s negligence by presenting evidence of your injuries.
Causation
As a slip and fall injury claimant, you must prove that the other party’s actions caused your injury. While this may be an arduous process, it is critical to avoid any possible defenses that may arise. For example, the other party can argue that you contributed to your injuries by running in an unsafe location. This is known as comparative negligence, and if you are found at fault for the fall, it will severely limit your recovery.
If you can prove that your injuries were caused by the negligence of the property owner, you will win your case.
It is Imperative to Provide Evidence to Win Your Claim
Often, the property owner is responsible for the accident. The owner must have been negligent by failing to maintain the property properly. In this case, the owner must have known about the hazard and failed to take steps to remedy it. For example, if the property owner knew of the problem but didn’t do anything to prevent it, the court will find that the negligence of the owner of the premises caused the accident. In some cases, the owner will be liable. Regardless of whether the property owner was negligent or not, it is imperative to provide evidence of negligence to win your case.
What a Lawyer Can Do For You
Hiring a lawyer is a great way to avoid many headaches in the long run. A skilled lawyer can anticipate the outcome of a trial and negotiate a favorable settlement. Whether you are involved in a personal injury lawsuit or a civil case, an attorney can help. These attorneys are well-versed in the laws of your state and can assist you throughout your case. These attorneys are knowledgeable about the law and have the necessary experience to represent you.
Attorneys help people in a wide variety of situations. They represent their clients in criminal and civil cases, advise them on legal issues, and prepare documents and pleadings. They also appear in court to advocate for their clients. These professionals help individuals and businesses understand their rights and protect their interests. A lawyer’s job also involves researching the details of a case and the law. If you are involved in a slip and fall accident, an attorney can help you navigate the complex legal system.
Contact Our Skilled and Experienced Slip and Fall Attorneys
If you need a personal injury attorney, you should hire Joe I. Zaid & Associates. Seasoned personal injury attorney Joe Zaid heads this law firm. He has years of experience handling cases like yours and has helped clients secure settlements of millions of dollars. In some instances, the firm has achieved seven-figure settlements for its clients. With Joe’s guidance, you can be confident that your case will be handled professionally and effectively.
Joe I. Zaid & Associates have experienced slip and fall attorneys that will fight for your justice and get you the compensation you deserve. Call us today at (346) 756-9243 to schedule a free consultation.