Nell Zhoie April 13, 2018

So you slipped and fell on the lowest step on the staircase at the mall, and you landed hard on your knees. You slipped because you didn’t see a puddle on the dark stairway. You got hurt, but you decided to get over it. Weeks later, you are still feeling agonizing neck and back pain.

Your pain may be related to your slip and fall incident. The pain you’re feeling could lead to further medical conditions, such as a sprained pelvis. If only the staircase had been lighted appropriately, you would have seen the puddle. Similarly, if the puddle wasn’t there, you would not have slipped and fell.

Three Things You Need to Prove to Win The Injury Claim

You can sue the property owner to reclaim medical expenses, damages, and lost wages. However, it all depends on how you and your attorney can prove that the property owner is at fault for your accident. You need be able to prove a few things in order to have a chance of succeeding in your claim:

  • Liability
    The defendant, owner of the property has something called a duty of care but was negligent or irresponsible in implementing that said duty.
  • Different levels of care: Property owners have different measures of duty of care towards individuals on his/her premises. It all depends on which category that individual belongs to.
  • Invitee: An invitee is the foremost level of entrant. Basically, this refers to any person/s who were invited to visit the premises by the owner or tenant. Then, the property owner or tenant should execute duty of care to repair and maintain the premises to prevent injuries upon inviting guests. Meanwhile, licensees and trespassers are other classifications of entrants who are likewise owed a duty of care.
  • What needs proving: When filing a slip and fall personal injury claim, your best chance of having an effective outcome is proving that you were an invitee or a licensee. If you were an employee or shopper, then there is a good chance that you qualify for the level of invitee under appropriate circumstances.
  • Trespassing: However, in the event that you were at the premises beyond usual business hours without the tenant or property owner’s consent, then you may be considered trespassing.
  • Negligence
    The property owner violated the duty of care, thus leading to your accident.
  • Prove failure of the defendant: To demonstrate negligence, you must prove that the property owner failed to perform his or her duty of care to prevent the accident.
  • Factors involved in gaining the injury: Think of the factors that caused your accident. For instance, did the puddle exist for an adequate amount of time for the property owner to discover it and be able to get rid of that hazard? Also mention if poor lighting was a factor in causing your accident.
  • Responsibility/Fault
    The negligence, or breach of duty, of the property owner/defendant, was a major influence in causing your injury from slipping and falling. This is usually the most tricky part in terms of things that needs proving. You should be capable of proving that the property owner caused the accident and your injuries. For instance, was the property owner behaving in a way that influenced your accident?

Hire an Experienced Attorney on the Subject

Call a personal injury attorney to help you think through these three things you must prove to win a slip and fall injury claim. Your attorney should be accustomed with personal injury cases of this kind so he/she can walk you through every step along the way.