What Do You Need to Prove in Slip and Fall Cases?
It can be tricky to determine the outcome of slip and fall cases. Here’s what you need to know.
Read on now.
Introduction
A slip and fall case can stem from any ordinary day. Nobody wakes up in the morning and decides they want to fall today. Instead, it happens out of the blue.
You may have been walking into work – or even at work. Maybe you were grabbing groceries on your way home or at your favorite restaurant for lunch. Maybe you were even just pumping gas a block away from your home.
Wherever or however it happened, that one instance may be enough to have changed the trajectory of your entire life. After all, just look at a few of the most common injuries from these accidents:
- Broken bones
- Concussions
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries
- Injury to the knee, ankle, shoulder, elbow, wrist
- Cuts and lacerations
The first thing you should do if you find yourself considering a personal injury claim is to hire an attorney. Together you can review the evidence and see if there is enough of it to prove your case.
Here’s what you need to win a slip and fall case.
Proof of the Defective Condition or Hazard
Let’s say you slipped and fell due to a puddle on aisle 8 of your local grocery store. You know that you fell because the water was there – and it wasn’t marked. But what happens when the water is wiped up and dry? There is no longer evidence that it was there – which could make your case hard to prove.
If you want to win a legal battle, you need to be able to prove that the water was there and that the defendant knew about it – or should have known about it. And, of course, you will need to prove that you were using the area as intended.
How do you do this?
Taking pictures and documenting the scene if you are able to can be crucial in winning a case. With nearly all cell phones having cameras these days, this makes it quite easy to do as long as your injuries allow. Getting the contact information of any witnesses is sure to help. Also, if a report is written up by a company, make sure that it contains the details (such as the water) and that you have a copy of this report.
Again, your attorney will be able to review the details and let you know if you will be able to prove your case.
Proof of the Injury or Other Actual Damages
If you were injured due to a slip and fall, it is always a good idea to get checked out medically. This will allow you to have records reflecting what happened as a result. It is important to note, however, that these damages do not have to be your physical body that was injured, either. Perhaps you fell and busted your laptop or cell phone. These, too, are considered actual damages and can be included solely or in addition to your injuries.
To offer proof in support of your claim, you cannot simply show that you were injured or that your belongings were damaged and expect that to suffice. Rather, you have to prove that they happened because of the hazard. Experts are typically called in to discuss how the injuries are reflective of what one may experience in that particular situation.
Proof the Defendant Knew About the Danger
The property owner, or defendant, needs to be aware that there is a danger or hazard. After all, without knowing, then how can the defendant fix the problem? In order to support your claim, you will be required to provide proof that the property owner knew about the situation – or should have known about it.
This may involve experts and other witnesses testifying as to things like normal procedures, common sense actions, expectations of the workplace, and so forth. For instance, if the spill happened, but no one had walked by to see it, did they know about the danger? Or should they have known if they were keeping up on their procedures for keeping floors clean at all times during business hours?
There are always many details to sort through.
Proof of Negligence
Negligence must be proven in the state of California when it comes to personal injury claims. You have to prove that the defendant was negligent in not making appropriate adjustments or repairs, keep an area free and clear of hazardous debris, provide enough lighting, and so forth to reduce the chance of a slip and fall.
Safety measures always need to be in full effect to reduce the incidence of this occurring. And if the danger is there but cannot be rectified one way or another right away, an appropriate warning should be provided.
In this instance, it may be more difficult to prove negligence due to a small spill on a grocery aisle that is an injury that occurred in a parking lot with no lights after dark. One purely could have been an accident, whereas the other could have been avoided had they only ensured there was proper lighting. Of course, discussing specific details with an attorney is the best way to determine whether or not negligence exists and can be proven in a case.
Proving Your Case with an Attorney
Slip and fall cases can get very complex. It is not uncommon for these cases to require investigation, expert witnesses, and maybe even private investigators. There is a lot involved in proving a slip and fall case – and it is something you never want to do without an attorney.
If you have been injured in a slip and fall case, consult an experienced personal injury attorney. Be sure to gather all of the evidence you have so that the attorney can review it and determine whether or not you have a case.
Many times, slip and fall cases can settle outside of court without ever having to file a claim. Other times, you will have to follow the laws set forth by the state of California, requiring that you provide a wide array of proof to support your claim.
But if you want the best opportunity to be awarded the compensation you deserve, then seek professional legal help.
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