A slip and fall case is considered to be a type of premises liability accident. This is because slipping and falling on someone else’s property, or “premises,” may trigger liability. If liability is triggered, then you, as the injured party, may be able to recover compensation for your injuries and other associated losses. Just because, however, you are injured in a slip and fall incident on someone else’s property does not mean that you will be able to establish liability. In order to recover compensation for your losses, the slip and fall accident must show that it was ultimately the result of someone else’s negligence.
How to Prove a Successful Slip and Fall Case
Slip and fall claims exist because people, such as property owners, owe a duty to those entering their property to protect them from harm. It is not just property owners, but this duty extends to those who occupy or control the property. The duty is not without limits. Those in control of a piece of property, however, must make reasonable efforts to ensure it is free from hazards that might put visitors to the property at risk.
To access compensation for slip and fall injuries, you must be able to successfully prove your case. This means that, in order to recover damages, you must be able to establish that the accident was caused due to the negligent action or inaction of someone else. A person will be found to be negligent in causing a slip and fall if he or she knew, or should have known had reasonable care been exercised, about a hazardous property condition on a piece of property that he or she owns or is otherwise in control of. Additionally, the liable person must have failed to repair, give adequate warning, or otherwise protected against the dangerous property condition.
To support your slip and fall claim, you will need to provide proof that the liable party was in fact negligent. This proof may include video footage or pictures of the accident scene. It may also include statements from witnesses to the accident. Some cases may find it helpful to get testimony from an accident reconstruction expert. To support your damage award claim, you will need to be prepared to show proof of the injuries you sustained as a result of the slip and fall. The bulk of this evidence will be your medical records and treatment notes from your doctors.
If you are successful in bringing a slip and fall claim, you will usually be entitled to recover compensatory damages resulting from the liable party’s negligence. Compensatory damages may include things like medical bills and pain and suffering. They may also include lost wages and loss of earning capacity. In exceedingly rare cases, a court may award a plaintiff punitive damages. Punitive damages are not intended to compensate the victim for harm suffered. Instead, they are intended to punish the at-fault party for particularly egregious behavior.
Personal Injury Attorneys
Slip and fall claims, to be successful, should be handled with great care. SoCal Injury Lawyers have the dedication and attention to detail that can help you receive the compensation you deserve for your slip and fall injuries. Contact us today.