Slip and fall claims can be difficult to prove, because the burden is on claimants to show evidence that negligence or carelessness was the direct cause of their injuries. The law does not provide a clear-cut black and white way for you to win a slip and fall case.
In many instances, you will need to show that a third party did not maintain reasonably safe conditions, or was aware of a potential slip and fall hazard, but chose not to correct the problem.
But the challenge isn’t something you should shy away from if you believe that a third party did not adhere to rules governing safety. So to help you better understand the process, here are some important things to know about proving a slip and fall claim.
Reasonable Clause in a Slip and Fall Claim
Many states have implemented a clause in slip and fall claims, which essentially measures the actions a reasonable person would have taken in a situation. So as it applies to a slip and fall claim, you would have to show that the person in charge of safety at a workplace or business should have been aware of the condition that led to your slip or fall, because a reasonable person would have known about that condition and made repairs.
Negligence in a Slip and Fall Claim
Another common burden of proof is showing that the third party knew about the condition or state that lead to the slip and fall, but did nothing to correct the problem. This is otherwise known as negligence, which typically has these elements:
- A duty of care a third party owes to you
- A breach of that duty
- A direct causal link between the third party’s breach and your injuries
- Determination of whether the injury could be foreseen
- Damages caused by negligence (medical, pain and suffering)
Direct Cause in a Slip and Fall Claim
To win a slip and fall claim, you can also prove that the third party caused the condition that led to your injury. For example, if you slipped on a floor with a crack in it that the responsible party did not fix, you can argue that they directly caused the injury.
This is slightly different than negligence, because in this case, the third party may not have known about the condition, and yet can still be held liable for your injury because they should have been aware of the hazard.
The Challenge of Contributory Negligence in a Slip and Fall Claim
One thing to remember is that the party you are suing may claim that your own carelessness or inattention was a contributing factor in your injury. In that instance, a judge or jury would have to determine whether you contributed wholly or partly to the injury. This can affect the amount of damages you recover, or invalidate your case entirely.
Let the Experts Help with Your Slip and Fall Claim
The intricacies of a slip and fall claim require the services of an experienced personal injury law firm that has the resources to go to trial if necessary. At Rosner Law Offices, P.C., our team of lawyers, investigators and support staff is dedicated to one thing: Taking care of clients who need peace of mind as much as they need fair compensation. Please call us today at 856-692-6500 for a free legal consultation.