While any accident can occur at an establishment or a property, slips and falls are the most prevalent. When a slip and fall accident is due to negligence of the property or business owner, you have a right to compensation, but you may need to prove your case and establish all elements of negligence.
This guide looks into the elements of a slip and fall and can be an excellent read for you if you have suffered a personal injury after a slip and fall accident.
Elements Of a Slip and Fall
“Liability for slip and fall accidents is based on negligence. So, the affected party has to prove all its elements to recover compensation,” says personal injury lawyer William Umansky of The Umansky Law Firm Criminal Defense & Injury Lawyers.
The first element of negligence is the duty of care, which is the legal responsibility of a property or establishment owner to ensure the safety of invitees. This duty is established when an invitee enters a property where they are legally allowed to be. For example, an open grocery store is an invitation for customers to enter. From the moment a customer steps onto the premises, the store owner owes them a duty of care, regardless of whether they make a purchase.
The second element is a breach of the duty of care. Once you establish that the defendant owed you a duty of care, you must also show that they failed to uphold that duty, or in other words, they breached that duty. After establishing duty, the next element is showing the link between the breach and the accident. For example, the grocery store must clear spills on the floor to maintain safety. If they fail to clean it and a customer slips and falls, there will be a clear link between the failure to clear the spill and the accident.
The last element is harm. If you can establish every other element but cannot substantiate the harm you suffered, you would not have a case. Harm refers to the compensable damages often established through medical records to prove injuries suffered from the accident. The sooner you seek medical intervention for injuries, the better because a delay can be used to deny liability.
Proving Negligence in A Slip and Fall Accident
Like any other legal matter, you will need evidence to prove your case. The evidence includes pictures and video footage of the scene, which you can document using your phone camera. CCTV footage on the property can also help, but you may need to go through some legal channels to access it.
Statements from eyewitnesses are critical, so if anyone is around at the time of an accident, it’s best to get their contact information if they are willing to help. Establishment and property records can also help.
For example, if an establishment had been cited for safety violations, proving your case can be pretty straightforward. Records can also help establish a breach of duty, for example, if they show insufficient human resources to ensure safety.
Getting Legal Help
While evidence is crucial, it is only effective when organized and presented professionally. That’s why you should work with a personal injury lawyer who specializes in slip and fall cases. In addition to their focus area, consider the lawyer’s experience and their geographical area of practice, as these factors can significantly impact the outcome of your case.