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How do you prove fault for a slip and fall accident?

On Behalf of | Jan 10, 2023 | Injuries |

Slip and fall accidents can happen anywhere and result in severe injuries.

When the cause of your fall is someone else’s negligence, you may have a claim for compensation.

What is premises liability?

Premises liability is the legal concept that governs slip and fall accident cases. It states that property owners owe a duty of care to anyone lawfully present on their property, meaning they must keep it reasonably safe. When they fail to do so, and someone suffers an injury as a result, the property owner is responsible for covering the injured person’s damages.

What are the components of negligence?

If you file a personal injury claim after a slip and fall accident, you are responsible for proving the other person is negligent. That requires supporting three claims:

  1. The property owner owed you a duty of care because your presence was legal.
  2. The property owner breached that duty of care by not keeping the space safe for visitors, causing an accident.
  3. The accident directly resulted in your injuries.

Additionally, you must have damages to file a claim. Without damages, there is nothing to recover.

What evidence do you need?

Evidence you can provide to support your claim includes statements from eyewitnesses, medical records, video footage of the accident, photos of the hazard that caused your fall, and bills and receipts to prove costs you incurred because of the accident.

Remember that you must be lawfully present on the person’s property to be eligible for damages. Trespassing is illegal and would disqualify you.