5 Elements Necessary for Proving a Slip & Fall Lawsuit

A slip and fall incident can be an incredibly traumatic physical and emotional experience. If you have been injured in a slip-and-fall accident due to another's negligence, it is crucial to understand the elements necessary for proving your case in Court. Having experienced legal representation is key to successfully litigating your claim. Here are five elements needed for establishing a slip-and-fall lawsuit.

The Duty of Care Owed to You

The first element of proving a slip-and-fall lawsuit involves determining whether the party being sued was responsible for ensuring the safety of those on their premises. This duty of care will vary depending upon the relationship between you and the defendant, such as landlord-tenant, employer-employee, or business owner-customer. It is important to remember that property owners must take reasonable steps to ensure that visitors are safe while on their premises.

Negligence Caused Your Injury

Once it has been established that the defendant was obligated to keep you safe from harm, you must prove that they failed in this duty by being negligent. For example, if a property owner fails to clean up spilled liquid on the floor of their store or adequately warn customers about slippery surfaces, this could be considered negligence. For your case to be successful, you must demonstrate how the defendant breached their duty of care that caused your injury.

Actual Injury Occurred

It is also essential to prove that you suffered an injury due to the defendant's negligence. In most cases, this will require providing medical records or other evidence showing that you suffered an injury due to your accident. This might include photographs taken at the time of your accident or witness testimony that corroborates your version of events leading up to your injury.

Causation Must Be Proved

It is also essential for establishing liability in any personal injury case—including slip-and-fall lawsuits—that causation must be proved between your injuries and the defendant's actions (or lack thereof). The defense may try to argue that there was no causal connection between you slipping and falling due to wet tile outside their restaurant door and any resulting injuries. However, with competent legal representation on your side, these arguments can be refuted by demonstrating how the incident caused harm directly related to the negligence of the other party or parties involved.

Damages Available To You

Finally, it's vital for all parties involved in a slip-and-fall lawsuit to know what damages are available, should one prevail. Depending on individual circumstances, these damages may include:

  • medical expenses,
  • lost wages,
  • pain & suffering,
  • punitive damages,
  • long-term disability care costs, etc.

However, all damages awarded by Courts are subject to applicable laws governing them - so having knowledgeable legal counsel helps navigate these complexities.

Contact our Experienced Team at Rosner Law Offices, P.C.

Proving fault in any personal injury case—especially one involving slips-and- falls—can be complicated. It requires a thorough investigation into all aspects leading up to an incident and understanding relevant laws and regulations governing them. Our experienced attorneys can help you ensure all requirements have been met before presenting a solid claim before the Court. Let us advocate for you.

Contact us by calling (856) 502-1655 or fill out our online contact form.

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