How to Make a Strong Slip and Fall Case
Slip and fall accidents occur every day. They happen in grocery stores, office buildings, and even on residential and commercial properties. But determining who is at fault for an individual’s injuries can be difficult.
Slip and fall accidents fall in a specialized legal category called “premises liability.” This area of the law explains that every property owner has an obligation to keep their property safe for visitors.
This general rule applies to both residential and commercial property. If someone falls because of the property’s condition, then the property owner could be liable for any injuries.
5 Examples of Slip and Fall Cases
Thousands of slip and fall accidents occur every year. Below are a few common examples of slip and fall cases:
- Slipping or tripping on stairs
- Tripping on poorly maintained property
- Falling on sidewalks or in parking lots
- Slipping on wet floors
- Tripping on uneven flooring or cement
3 Things You Must Prove in a Premises Liability Case
Every property owner must keep their premises reasonably free from dangerous conditions. Failing to do so could mean legal liability.
However, the visitor has to exercise reasonable care as well. For example, if the dangerous condition is “open and obvious,” then the property owner may not be liable for the accident.
In addition, if the property owner warns visitors properly of a potentially dangerous condition, like a slick floor or uneven sidewalk, then they also may be able to avoid liability.
In order to recover in a slip and fall case, the victim must prove at least one of the following:
- The property owner or its employees should have known of the condition and corrected it
- The property owner or its employees actually did know of the dangerous condition and failed to correct it
- The property owner or its employees caused the dangerous condition
6 Examples of Evidence in a Slip and Fall Injury Case
One of the tests in slip or fall cases is what a reasonable property owner would do. This can be a difficult test. Your attorney will look into several factual issues to determine if the property owner acted reasonably.
For example, a slip and fall case will usually include variations of the following types of evidence.
- Cleaning habits
- Maintenance schedules
- Building or property inspection schedules
- Why the condition existed or why the object was there
- Any previous slip and fall occurrences or maintenance issues
- Whether there were any warning signs about the dangerous condition
Liability may also depend on if you were on the property illegally or without permission, then you are less likely to recover for your injuries.
If you have been injured in a slip and fall incident, contact a personal injury attorney. Your attorney can work with you to determine if a lawsuit is in your best interest. Speak with a slip and fall attorney for more information.