Everything That You Need To Prove To Win A Slip And Fall Injury Claim
Slip and fall accidents can be very costly to those who have the unfortunate experience of being involved in one, and it is even more unfortunate when these individuals lose their lawsuit because they did not have all the information available to them that they could have obtained in advance. We will give you some background on slip and fall injuries, and then tell you what you need to prove to win your case.
What Is A Slip And Fall Injury?
Slip and fall injuries occur when people are suddenly and unexpectedly dropped by a “slip” or “fall”, typically on another’s property. Commonly referred to as a trip and fall injury, these incidents occur when there is a dangerous or potentially hazardous presence of an object or condition that was not easily observed. Slip and fall accidents can be caused by physical, chemical, electrical, environmental, and man-made hazards.
How Can You Be Successful In Your Slip And Fall Injury Claim?
A satisfactory lawsuit is determined by how well you and your Tarpon Springs personal injury lawyer will demonstrate three factors. They are as follows:
Liability
Wherever there are people, there is always the risk of accidents. Slip and fall accidents can happen at work, in public spaces, or even in your own home. Anywhere there is a risk of slipping, the owner or responsible party must take reasonable steps to ensure visitors do not suffer from slips or falls. To be successful in a slip and fall injury claim you must prove the defendant failed in their duty of care.
It is not enough to demonstrate that they could have done something differently – you must prove that they did not act according to the required industry standards, or in the most cautious way. There are three categories of entrants into a property. They are, invitee (customers, employee, tenant), licensee, and trespasser – all of which the property owner owes a duty of care, even though that duty is on different levels. The highest level of entrants is an invitee.
So, when an invitee is on the property, his safety needs to be considered by the owner. This means maintenance of the infrastructure and ensuring any object or equipment that can cause danger is out of sight. This is not to say being an invitee is the only way to win a case, but it has the highest chance of success. Regardless of the situation you find yourself in, seek the counsel of an experienced personal injury lawyer.
Negligence
To win a better settlement in an injury claim, you will need to prove that the property owner neglected a safety hazard on their property. If the owner of the property does not install the appropriate railings on a staircase or fails to provide adequate lighting for a hallway, and you crash into a piece of equipment that led to a major tear on your skin, this is negligent on the part of the owner.
It’s just one of many reasons you should not accept an initial offer from a defendant because, with a solid case and proof, it is difficult for defendants to counter.
However, if you don’t know what data and evidence to collect after an accident, chances are good your slip and fall claim will be worth a little more than the dirt you picked up and took home with you. To prevent that from happening, a personal injury lawyer can help you.
Responsibility/Fault
The claimant in a slip and fall case can contend that you (the plaintiff) are partly or completely to blame for the accident. This form of statement is made under the Comparative Fault Law, which varies from state to state.
If the case is successful, Florida has a “pure comparative negligence” provision that courts use to assess how much liability you are entitled to without accounting for the percentage of responsibility you can hold for the injury.
In a personal injury case, the plaintiff’s final verdict is limited by the cumulative amount of how at fault they were found to be for the injury. For instance, the jury could give you $50,000 in damages for hospital costs, missed income, and pain and suffering. They can also determine that you are 20% to blame for the slip and fall injury.
This means you can only collect $40,000 in compensation, and the property owner insurance provider will not be required to cover the remaining $10,000 due to your role in the injury.
More often than not, information is the one thing that separates winners from losers in a slip and fall/trip and fall case. Many people who have been in a slip and fall injury case, have been left with only the scars of their injuries.
It is for this reason, we have provided this information – to help ensure there are more winners than losers in this case. More importantly, you will need the guidance of an experienced personal injury attorney, to stand a chance to taste victory.
