The term “slip and fall” is used in those personal injury cases with plaintiffs claiming to be injured because of trips or slips when on the property of someone else. Such a case is a part of the “premises liability” injury claims. Usually, they are happening on properties that are maintained or owned by another individual, with the property owner being accused of negligence or carelessness. It is very rare that such an accident happens on your property and someone else can be found accountable.
We can highlight several dangerous conditions that could lead to slip and fall cases. This includes flooring changes, narrow stairs, poor lighting, wet floors, and torn carpeting. Even tripping on cracked or broken public sidewalks can lead to such a case. Slipping due to snow, ice, rain, or any hidden hazard while on the outside is a potential claim.
Proving Fault
You cannot use a specific strategy to prove that there was another party legally responsible. This is why you should always hire a slip and fall accident lawyer to help you out. In every single case, you have to prove that the property owner or property manager did not act in a careful way. You have to show there was carelessness in place and that the party at fault was aware of the risk.
Usually, as a plaintiff, you need to prove the existence of a dangerous condition. Then, you have to show that the defendant was aware of it. The next step is to highlight that it was that condition that led to the injury you suffered and that the property owner/manager did not do anything to fix it. If you do all this, it is a guarantee that you are going to win your injury claim and you will receive the right financial compensation.
The difficult part is proving that the property manager or owner was aware of the problem that caused the injury. To do this, you have to highlight things like:
- The defendant actually created the dangerous condition.
- The condition was in place for a long time and the property owner/possessor should have been able to correct it.
- The property owner/possessor was aware and failed to properly correct it if they tried.
The Responsible Parties
If you want to recover damages for the slip and fall incident and injury as you were on the property of someone else, you need to build a strong case. Your personal injury attorney is going to highlight that for you and can conduct a really good investigation so that absolutely all parties at fault can be discovered.
One thing you should understand is that the party at fault is not necessarily instantly visible. You might believe it is the owner of the property when the truth is that it is the manager or an employee. And when you are injured in an outdoor setting, the responsible party might be the city. Find those parties that are responsible and then file your slip and fall injury claim.