Slip-and-fall cases are among the most common types of personal injury claims. The outcome depends largely on whether the injured party is able to prove that the property owner was negligent. So how can you prove negligence in a slip-and-fall situation? Here are a few answers from an accident injury lawyer.
How Can You Prove Negligence in a Slip and Fall Case? Answers from an Accident Injury Lawyer
Duty of Care
When proving negligence, the first step is showing that the person responsible for the property had a duty of care to the person who was injured. “Duty of care” refers to the responsibility one has to avoid causing harm to others. Property owners, both public and private, have a duty to tenants, customers, and visitors to maintain their premises in a reasonably safe condition. The level of care may vary, legally speaking, depending on the kind of property and the relationship between the owner and the injured person.
Breach of Duty
Demonstrating that the property owner breached the duty of care is the next step in proving negligence. This means that they failed to act as a normal, responsible person would. In a slip-and-fall case, this could mean not cleaning up a spill, not repairing a broken step, or not providing adequate lighting in a hallway. Evidence such as surveillance footage, witness statements, and maintenance records may be used as evidence to show that the hazardous condition existed long enough that the owner should have been aware of it and taken steps to remedy the situation.
Causation
After proving that there was a breach of duty, the injured party must prove that the breach of duty directly caused the injury. This means that the unsafe condition on the property was the primary factor leading to the fall. However, if the injured party was acting recklessly or ignoring visible warnings, it might be harder to prove causation. Medical records, expert testimony, and photographs of the accident scene can help establish this link. For further explanation about how to establish causation, or for general advice related to a slip-and-fall incident, reach out to Hilliard Law.
Damages
In addition to proving duty, breach, and causation, the injured party must also prove that they incurred damages as a result of the fall. Damages can include physical injuries, emotional distress, lost wages, and medical expenses. Proving damages is generally done by showing the court the impact that the fall has had on the injured party’s life. A claim for damages can be supported by records of medical treatments, including hospital visits, physical therapy, and medication, as well as records of missed workdays and any changes in daily activities.
Comparative Negligence
In some cases, the injured party may share some responsibility for the accident. This is known as comparative negligence. For example, if a person was texting while walking and didn’t notice a clearly marked wet floor, they might be found partially at fault. Texas law has a “modified comparative fault” rule: the injured party can recover damages only if the court determines that they are less than 51% at fault. If the injured party is determined to be at fault by 51% or more, they will not be awarded any damages.
If you or someone you love has been injured after slipping and falling due to someone’s negligence, take photos, collect contact information from witnesses of the event, and keep a careful record of all documentation. Clear evidence is key in proving negligence in a slip-and-fall injury.
