You may be entitled to compensation for your slip and fall injury, but first you have to prove negligence. You must demonstrate in your claim that the property owner is liable for your injury. This requires showing the property owner failed to take reasonable steps to protect you before your fall.
This entails an intricate process of collecting evidence, eyewitness accounts, and more to sustain your claim that your slip and fall accident resulted in your injuries and subsequent damages.
Proving Liability in a Slip and Fall Claim
Slip and fall accidents are fairly common– at grocery stores, at restaurants, and even on private property– however proving the property owner is at fault can be hard. To file a claim, you will have to show the property owner accidentally or deliberately caused your injuries. First, you need to prove one of the following:
- The property or landowner should have recognized the possibly dangerous environment and fixed or corrected it before your injury happened. A major issue here is timing. Did the property owner have a “reasonable” amount of time to fix the problem before your slip and fall occurred?
- The property or landowner in fact created the dangerous condition that caused you to slip and also fall like not picking up an obstacle in your way.
Proving Negligence
Your slip and fall case has to show the four tenets of negligence:
- Duty of care– The property owner had a “reasonable” duty of care to protect you from hazardous situations.
- Breach of duty– The property owner breached that duty and that led to injuries.
- Causation– That violation triggered your injuries and also resulting damages (medical costs, lost wages, pain and suffering, etc).
- Damages– The liable party (property owner) is responsible for compensating you for your damages.
Evidence in Slip and Fall Claims
In order to strengthen your slip and fall case, you will need to present clear and compelling evidence of a property owner’s negligence, as well as proof of your injuries and monetary losses. Some of the necessary evidence can include:
- Your medical records
- Medical bills
- Receipts of any type of out-of-pocket expenses
- Accident or incident reports
- Witness statements
- Security camera footage
- Photos of the unsafe condition
Compensation Available in Slip and Fall Claims
According to the National Safety Council (NSC), falls are the third leading cause of accidental fatalities. If you sustained an injury or a loved one died in a slip and fall accident, you could potentially receive a monetary award, provided that you can show that a negligent property owner, business, or government entity caused the accident.
However, this compensation will be dependent on the degree of your injuries. You should consult with a slip and fall accident attorney for more detailed information in regards to your claim. Nevertheless, some of the compensation you might go after include:
- Medical bills
- Lost wages
- Miscellaneous costs relating to your injuries
You can potentially get additional compensation, particularly if your injuries need extensive medical treatments or have lasting repercussions for your health. Additional financial awards can consist of:
- Pain and suffering
- Loss of life enjoyment
- Disability
This is by no means an extensive list and, relying on your claim, you might obtain differing and additional compensation.
Thousands of people are injured each day on another individual’s property. If you are asking yourself if you are entitled to compensation for your slip and fall injury, the answer may be yes. You could be eligible for damages and losses including medical expenses, lost wages, emotional distress, loss of enjoyment of activities, as well as pain and suffering. You should not have to bear the financial and emotional burden for an injury that was not your fault.
If you sustained injuries from a slip and fall accident on someone else’s property and you wish to hold the property owner legally responsible, get in touch with a Slip and Fall Accident Lawyer in Covina.
