Pretend you miss the last step on the stairwell as you're exiting a shopping center. An unattended puddle of water has caused you to fall backward and land on your bottom. The pain is quite serious, but you're too filled with shock to do anything but get up and keep walking.

Later that night, it hurts to stand, sit, and even lay down. You go to the E.R., and the doctor diagnoses a fractured tailbone. You dread the coming weeks, knowing that your recovery wouldn't be necessary if the stairwell was lit up or if an employee had cleaned up the spill.

Can you bring a case against the shopping center to cover the medical costs, lost wages, and emotional trauma associated with your injury?

A Selingo Guagliardo slip and fall lawyer in Kingston, PA, will build a worthy case by demonstrating three things. Below, you can learn what you must prove to win a slip and fall injury claim.

What You Must Prove to Win a Slip and Fall Injury Claim

Slip and fall can be difficult to win, as there is usually very little physical evidence to support a claim. Often eyewitnesses are few and far between, meaning that the case will boil down to the testimonies of the plaintiff and the defendant.

That’s why, if you want to know how to win a slip and fall case, the best thing you can do is get the help of an experienced, knowledgeable attorney.

1. Duty of Care

Duty of care is a property owner's responsibility to maintain their property in a reasonably safe state. If there is an issue present, the owner must repair the dangerous conditions or issue proper warnings to anyone who visits the property.

In Pennsylvania, there are three categories of visitors to a property:

• Invitees: individuals who are allowed on the property for some business purpose

• Licensees: individuals invited by the property owner for social or personal purposes

• Trespassers: individuals who are on the property without the owner's permission

Property owners have the highest level of duty of care to invitees. Owners must still offer licensees some duty of care but to a lesser degree. 

In order to file a slip and fall case against a company successfully, you must be able to prove you were an invitee or licensee. Paying customers and employees will have a good chance of meeting the requirements of an “invitee.”

Individuals who were on a property without permission (i.e., trespassers) won't have the grounds to file a successful claim.

2. Negligence

When it comes to understanding what you must prove to win a slip and fall injury claim, the next criterion is being able to identify negligence. To prove negligence in a slip and fall case, you must show that the defendant failed to act thoughtfully to avoid injury.

One thing to consider is how long the hazard existed before the slip occurred. Did the defendant have ample time to remove the risk?

For example, let's say someone spilled their soda, and the plaintiff slipped on it less than ten seconds later. The defendant wouldn't have had enough time to discover the spill and handle it accordingly.

But, if the liquid was left on the floor for an hour or more in a heavily trafficked area, a jury can assume that the defendant should've cleaned it up much earlier.

A jury can also use other factors to demonstrate negligence, like poor lighting or the company's cleaning log.

Note: All slip and fall cases must be filed within two years of their initial occurrence. Even if there was significant negligence, the case wouldn't hold up in court if the incident happened more than two years ago.

3. Responsibility/Fault

When discussing what you must prove to win a slip and fall injury case, responsibility/fault is the last element. Simply put, who is responsible for a slip and fall accident?

Proving fault in slip and fall accidents isn’t easy. The plaintiff must be able to prove that he or she wasn't at fault and that the defendant must have caused the accident.

As a case drags out, a defendant may try to show that the plaintiff was behaving in a way that resulted in the injury. A defendant could have a strong case if they can show that:

• The plaintiff was wandering off into an area of the building where invitees or licensees aren't normally allowed.

• The plaintiff was distracted, on their phone, and/or not paying sufficient attention.

• The plaintiff was wearing improper footwear for the circumstances.

• There were appropriate cones and signage posted indicating a potential risk.

An experienced slip and fall lawyer is aware of all these possible comebacks by a defendant and will work to build your case. When the court asks “who is responsible for a slip and fall accident?” we’re the ones who have the answer.

Want to Know How to Win a Slip and Fall Case? Our Attorneys Can Help

Now that you know more about what you must prove to win a slip and fall injury claim, you should feel more confident about seeking compensation.

Like most personal injury cases, slip and fall cases are complex and require legal expertise to navigate effectively. Dealing with your case alone can result in a lot of frustration and a poor outcome.

Instead of taking on the case yourself, reach out to a professional from Selingo Guagliardo. We know how to win a slip and fall case. We’ll take time to comprehend your individual case and stand at your side as we work to get you compensated.

Money doesn’t undo your injury, but it can help you return to normal after all those medical bills. Let us help you go forward to get the care and compensation you deserve. Contact Selingo Guagliardo now!