Whether you are walking in a grocery store, or on the sidewalk, there is a potential of slip and fall accidents happening to you. These incidents may appear to result from bad luck. However, on other occasions, someone is negligent about caring for their property. For anyone who has been injured in a slip and fall, proving negligence will be the best way to sustain your case. 

You have to demonstrate that the property owner or manager failed to act in their responsibility to prevent future accidents. Here, we will look at the type of evidence you must gather to support your case and prove negligence.

Duty of Care

Ensuring the safety of all visitors on a property is the responsibility of every owner or manager. This has been called the “duty of care”. When you are in a store or an apartment complex, the person in charge of this property is required to take reasonable steps to ensure safety. This might include mending busted stairs or putting a warning sign in a place where there is temporary danger.

The first thing you will have to establish in your slip-and-fall case is that the property owners owe you a duty of care. That means establishing that they were in charge of maintenance on the part of the property where you fell. After all, if you slipped on a wet floor in a supermarket, the owner or manager of the store was supposed to make sure the aisles were safe for anyone passing. Holding them responsible for the accident requires proving that this duty did, indeed, exist.

Breach of Duty

The first thing you need to do is establish the proper duty of care on behalf of the owner and expose how they fell short of that responsibility. This is also known as a “breach of duty“. For example, if a jar of jam broke in a store and no one cleaned it up. The same thing goes if a property owner lets a broken step, loose handrail, and other dangerous attributes sit on their grounds for a long time without repairing it.

To demonstrate this breach, you will need evidence proving that the dangerous condition was present on the property and that the property owner did not take reasonable measures to remedy it. Images of the defective condition, service records, and statements from witnesses can all be used to establish your case.

Providing the property owner failed to act reasonably to eliminate or warn you of the hazard. You could file a claim against him for your injuries. If you do not know how to collect the necessary evidence or need legal advice, please contact us

Causation

Once you have established that the property owner failed in their duty. Next, you must establish that this failure caused your injuries. This is called “causation“. Merely proving that the floor was wet or that there was a broken step is not sufficient. You need to show how that hazard caused the accident and the injuries you suffered as a result. If you tripped over a slippery floor, you must demonstrate that it was the wet area and not something else that induced the fall.

Your injuries were caused by the accident. So we need to show that by having it on your medical records right after the accident. Filing an accident report with the property owner or eyewitness(s)  who had observed the incident may also add weight to your claim.  Unless you can draw a direct line between the dangerous condition that caused your injury and your injury itself.

Your attorney will have an uphill battle to prove any kind of negligence. Alternatively, if you need help proving causation in your case, our team of lawyers can assist you. To learn more about how we can help you, visit our slip and fall page.

Notice of the Hazard

Proving that a property owner had notice of the hazard is a critical part of your case. You must demonstrate that the property owner knew or should have known of the dangerous condition. Hence, when a spill had existed on that floor for hours, and the property owner still had not cleaned it up. They would be deemed to have known of the risk. This is known as “constructive notice“.

There can be actual notice as well. Where the owner or employees themselves saw and thereby knew of the hazard but did nothing to repair it. Such evidence might include surveillance cameras, and employee testimony regarding how long a hazardous condition was allowed to stand. 

Demonstrating the property owner allowed ample time for the danger to be addressed affirms how valid your case is. Providing this evidence can be challenging, but we can help you. If you or a loved one was injured in a slip and fall accident, you must schedule your consultation with us immediately.

Conclusion

A slip and fall lawsuit based on negligence needs evidence that failures by the property owner were the causative factor leading to your injury. Proving the duty of care, doubtless hazard, and dealing with comparative negligence is essential to a solid case. This is why slip and fall victims need to seek the assistance of a qualified legal professional. 

The Law Office of Olena Manilich can assist you to ensure that you have guidance to follow your claim. If you believe that your loved one is a victim of a slip and fall incident, contact us today to speak with an attorney who can help.