How to Prove Negligence in a Slip and Fall Case
Have you recently experienced a slip and fall injury? This legal term is used when someone experiences a personal injury by slipping or tripping on another person's property. The property owner can be held legally responsible for a dangerous obstacle being on their premises. However, it's up to you to prove negligence caused the accident.
It is not easy proving negligence, but with tangible evidence and the right lawyer, you have a chance of obtaining compensation. We at Selingo Guagliardo want to help.
Here's a complete guide on how to prove negligence in a slip and fall case.
Starting Out
The first step in how to prove negligence in a slip and fall case is to contact a slip and fall lawyer in Kingston, PA. It can be hard to prove negligence because a property owner can put you at fault for your injury and build a good case against you. However, a slip and fall lawyer will help you gather the materials needed to win your case.
Legally, you will need four elements to prove negligence:
1. Property owner's duty of care
2. Breached the duty of care
3. Causation of accident and injuries
4. Damages resulting from the accident
When gathering evidence for proving negligence in a slip and fall case, you need to find out if the property owner knew of their hazardous property conditions. In addition, it is good evidence if an owner or employee did know about the situation but did not fix it, especially if the owner caused the dangerous condition in the first place.
Finally, you should also verify if the dangerous property conditions have existed for a long time.
Analyzing Hazardous Property Conditions
To claim damages, your injury needs to be the result of a hazardous condition. If you were affected by any of these dangerous conditions, they could help you prove negligence in a slip and fall case:
• A substance on the floor
– Cracked or missing flooring
– Wet or waxed floors without a warning sign
• Tripping Hazards
– Obstacles on the floor
– Torn or bulging carpets
• Changes in the height of a surface
– Uneven steps with no warning
• Not enough lighting
– Dimly lit spaces
• Hazardous sidewalks
– Potholes
– Ice
– Snow
• Lack of proper handrails
Evidence Needed to Strengthen Your Slip and Fall Case
When figuring out how to prove negligence in a slip and fall case, you will need to collect clear and concise evidence. Here are some pieces of evidence you should start gathering for your case:
• List of medical records
• Any medicals bills from the personal injury
• Receipts of any out-of-pocket costs such as a brace
• Accident reports are taken from a place of business
• Witness statements from people who saw the accident
• Any security camera footage from the property owner of neighboring properties
• Photographs of the hazardous condition in question from multiple angles
• Photographs of personal injury from multiple angles
During the discovery phase, an experienced attorney will help you accumulate strong evidence. They will request additional information such as CCTV camera footage, documentations, and interviews with involved parties.
Compensation to Pursue
After figuring out how to prove negligence in a slip and fall case, you can pursue compensation for your injuries. Compensation will be dependent on proving negligence and the extent of injuries.
You can seek economic compensation from any medical bills or any other costs relating to your injury. For example, you could receive economic compensation if you lost income from taking days off at work. Lost wages also include not performing the same job and receiving money from lost earning potential.
You could also receive non-economic damages for pain and suffering you have occurred from your injury. Non-economic damages also include loss of enjoyment in life and disabilities you may face.
We Can Help with Your Slip and Fall Case
Property owners need to fix any cracked tripping hazards or properly clean floors. They have a duty to fix any of these hazards on time as soon as they are discovered.
However, knowing how to prove negligence in a slip and fall case is complicated. You can't just say you've been hurt and expect due diligence from property owners. There could be extensive legal proceedings, and you will need help proving your case with evidence and in-depth analysis of the event.
That's why you need a lawyer if you were involved in a slip and fall accident. At Selingo Guagliardo, we can help you understand how to prove negligence in a slip and fall case, collect the right evidence you need, and guide you through the entire legal process. In the end, it’s all meant to help you go forward with your life.
Contact us today to schedule your free consultation.