What Do You Need to Prove to Establish Liability in a Slip and Fall Case?
Falls are a leading cause of accidental non-fatal injuries across the United States, and many of those falls occur due to slipping on wet or slippery floors and walkways. To establish liability in a slip and fall case, the injured party – known as the plaintiff – must prove several elements:
Duty of care. The plaintiff must demonstrate that the property owner had a legal responsibility to ensure their property was safe or, in other words, owed them a duty of care based on their status on the property.
Breach of duty. The plaintiff must show that the property owner neglected this responsibility by failing to make the premises safe.
Causation. There must be a link between the property owner’s breach and the slip and fall accident.
Damages. The injured party must provide evidence of the injuries and losses from the accident.
Slip and fall cases fall under the doctrine of “premises liability,” which, in turn, is based on the concept of reasonableness of the owner’s conduct. It means that the property owner must always take reasonable steps to prevent harm to others on their property. Generally, a person injured on someone else’s property is entitled to compensation if they can prove the following:
The owner of the property (a) knew or should have known about the hazard that caused the accident and (b) failed to fix it;
The hazard caused the slip and fall accident that resulted in the person’s injuries; and
The injured person had a legal right to be on the property at the time of the accident and was not trespassing.
In some cases, proving these elements can be challenging and difficult without an in-depth understanding of the legal nuances of premises liability law. That is why you should seek legal counsel from an experienced lawyer who can handle every aspect of your claim.