How To Prove Negligence In A Slip And Fall Accident?

Slip and fall accidents cause severe damage as well as injuries. Proving negligence in a slip and fall case is essential to recover your losses incurred in the accident and gain compensation from the negligent party. Lawyers from the Cimarron Ridge legal group provide the required services to seek valid compensation for injuries and help prove negligence.

Negligence and slip and fall accidents 

Negligence can be proven if the accident and resulting injuries were due to a defective or hazardous condition on the property. Negligence can be established if the following elements comply with your claim:

  • The owner of the establishment owed you a duty of care by law.
  • The owner breached their duty of care.
  • The respective breach of duty resulted in the accident and caused injuries.
  • The accident caused financial damage.

The owner may not be entirely at fault for the accident, but you must prove it regardless. This will help in gaining the required compensation.

Secondly, the owner must maintain their property with reasonable care and swiftly cure any potential danger without any delay. Proving the owner’s fault is slightly complicated. To show his negligence, it is necessary to prove that the property owner should have been aware of the dangerous condition that led to the accident.

Additionally, the owner was well informed of the condition but still did not take any measures to fix it, and the owner created the dangerous condition.

Hazardous conditions 

Timing is an essential factor in slip and fall cases. If the hazard existed for a while and the owner took no measures to fix it or warn people about it, you are entitled to file a claim against him. There can be various hazardous conditions in the establishment that could cause severe injuries. These can be

  • Cracked or broken flooring
  • Wet floors
  • Lighting that is insufficient for seeing clearly
  • Damaged mats
  • carpets that are torn
  • Potholes 
  • Missing handrails
  • Obstacles that result in tripping
  • Uneven steps

Property owners should take the necessary measures to fix all the hazardous conditions in the establishment before they cause any harm to other people. Failure to do so will make them liable for compensating the victims of potential accidents due to such conditions.

What is the evidence you need to prove liability? 

To make your slip and fall claim stronger, solid evidence is required to prove the owner’s negligence as well as evidence of your damages. Significant evidence to prove the case includes the following:

  1. medical records
  2. Hospital bills
  3. Receipts of any other costs due to the accident 
  4. A police report of the accident
  5. Witness testimonies
  6. Surveillance camera footage
  7. Pictures of the hazardous condition

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