The main point of a slip and fall case lies around a danger in a property that is not your own and causes you to literally slip and then fall. The result of this accident can range from you getting a nice scare to having a disability with which you will have to live the rest of your life.
The law calls for the property owner or manager to keep the premises reasonably safe, and this doesn’t mean they must be perfectly safe. That is why it is vitally important for you to have the proper legal help to help you establish a viable case when you are planning on suing the property manager or owner.
What do you need to prove to win a slip and fall lawsuit?
There are three things that you must prove in order to win a case of slip and fall. These are:
In this case, liability means that the other party had a duty of care and was negligent in performing this duty. Whoever is the owner of the premises has different levels of duty of care depending on what category of entrant they apply to. Someone who has been invited to the premises is called an invitee and deserves the highest duty of care. Other people entering, such as trespassers are awarded a lower level of duty of care.
Responsibility or Fault
Proving who was responsible or at fault for the accident is the most difficult part. Did their behavior indicate that they contributed to the accident? In some states, the judge may determine that both parties were responsible to a certain degree for what happened and the damages will be awarded accordingly.
The law says that the defendant should have acted in a way that is reasonably prudent to avoid your slip and fall accident. When you sue, you must prove that the danger existed for a sufficient period of time for the defendant to have discovered it and done something to take care of it. It the danger presented itself at that point, the defendant may argue that they were not aware of it when the accident took place.
What conditions can help you establish negligence in your case?
You can show that unsafe conditions were present if you fell due to:
- Wet and slippery floors
- Cracked or uneven sidewalks
- Structures that are not maintained
- Debris in the middle of a public walkway or store aisle
Should you settle your case out of court?
In many cases, slip and fall accident victims do settle out of court. They most likely understand that it is much less expensive to do so than to go through a lengthy trial process. However, you risk leaving money on the table and not having the needed funds, later on, to take care of present and future medical bills, for example.
The Right Legal Help Can Make all the Difference
These cases are complex enough that you do not want to try to tackle them on your own. But also, hiring an inexperienced personal injury attorney can result in disastrous consequences. 1-800-Injured is an attorney and medical referral service, visit 1800injured.care to find the personal injury lawyer you need to help you with your slip and fall case.