Under tort law, slip-and-fall is a personal injury suit often charged under the case category of premises liability. Most slip-and-fall cases occur on property under the ownership of another person, which makes the property owner responsible for the accident.
For instance, if a person falls and injures themselves on an unmarked wet floor or a narrow plight of poorly lit stairs, the owner of the premises will be liable for a slip-and-fall accident. Likewise, if a person gets injured outdoors from falling due to ice, unmarked hazardous portholes, snow, or rain. In that case, they are entitled to file a claim against the party responsible for ensuring such incidents are prevented.
For the victim to collect a settlement, they need to have sustained some injuries or loss, even if they are minor. Let’s take a look at what elements are necessary for proving fault in a slip-and-fall injury claim.
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What Do You Need to Make a Solid Slip-and-fall Case?
1. Determining Who Is Liable
You need to be able to tie the owner or manager of the premises to your slip-and-fall accident for you to be entitled to a settlement. The cause of your fall must be directly linked to the owner or management; if you fall due to a wet floor, they must be the one who caused the spill. Also, you need to indicate they knew of the dangers of the area and neglected to fix the situation for the safety of the people accessing that space.
For the owner to be held liable for the accident, the jury determines whether the steps, if any–which they took to ensure the safety of their premises were reasonable or responsive in ensuring the safety of everyone. It is assumed the property owner should have been aware of the risks their negligence would pose but still chose to resist taking necessary precautions to avoid the said risks.
2. Depends on What Is Considered ‘Reasonable’
For any claim involving negligence, the primary factor always depends on whether the liable party acted reasonably towards the case in question. To determine the defendant’s ‘reasonability’ on your slip-and-fall injuries, the following needs to be considered:
- Whether the cause for your trip, be it a wet floor, a loose ground or broken area–had been existent long enough for the defendant to be aware of.
- Is it the defendant’s tendency to ignore the repair needs of their premises, or do they often conduct routine repairs and maintenance on their property? If so, then they should provide proof.
- Could the accident have been prevented if they placed a barrier or sign around the area?
You might have a strong personal injury case if the above concerns come out in your favor.
3. Your Own Liability
Most slip-and-fall cases involve comparative negligence, where the other party measures your own ‘reasonability’ against all the factors concerning your accident and how you contributed to getting injured. Therefore, you need to consider the following factors, which insurance adjusters may ask you:
- Would someone who acted in more care have noticed the danger and avoided it?
- Were you vigilant, or were you distracted when you walked into the dangerous spot and got injured?
- Were there visible barriers or warnings to indicate the area would be risky?
You have to verify you were not being careless.
Build a Solid Claim
By understanding the factors required for a successful slip-and-fall injury claim, you can ensure there are no gaps in the facts of your case. Consider hiring a reputable personal injury lawyer to help you navigate the entire process. They can gather evidence, quantify your loss, and fight to win a deserving settlement.
