Slip and fall

To have a slip and fall case, you must be able to prove, at a minimum, that:

Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property.
Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.
Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future.
These elements of a slip and fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning you must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.

Many of the following types of injuries result from slip and fall accidents:</5>

• Broken bones or multiple fractures
• Bruises, sprains, strains, or soft tissue damage
• Bone or joint dislocation
• Ruptured or herniated disks
• Cuts, lacerations
• Neck and back injuries
• Head injuries

As mentioned, an injured person’s existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.

As you can see, slip and fall accidents can lead to serious bodily, emotional, mental, social, and financial consequences for the victim.

Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.

A personal injury lawyer will investigate the slip and fall accident to establish fault. Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve an assessment of the accident location, reviewing any video, speaking to eye witnesses, retaining the services of experts, among other things.

A personal injury lawyer will prove damages caused by the slip and fall accident. After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by painstakingly linking the cause of the accident to your injury and then provide supporting documentation linking the injury to all your losses. The damages you seek will be depending in part on the nature and extent of your injuries caused by the slip and fall accident.

A personal injury lawyer will represent you fully and throughout the course of your case until a settlement is reached or trial has concluded and a verdict awarded. You will not have to deal with the other parties, with the claim, with deadlines, with figuring out the actual value of your case, among other things. Your lawyer will do all of that for you. Mostly, what you will have to do is worry about your own physical, emotional, and mental recovery.