Most slip and fall accident cases are resolved through settlements with insurance carriers, but securing an adequate compensation amount can be challenging. The key to “winning” these cases is clearly establishing the elements of negligence:
Duty. It is necessary to establish that the property owner owed the injury victim a duty of care. In general, property owners owe a duty of care to any guests or invitees on their property. So long as the injury victim was in an area where they were allowed to be and not trespassing, then the property owner likely owed them a duty of care.
Breach of duty. The next step in determining negligence is showing that the property owner breached their duty of care in some way. In these cases, this often means showing that the property owner failed to take the steps necessary to ensure there were no slip and fall hazards present.
Causation. If the breach of duty has been established, the next step will be determining whether or not that breach directly caused the injuries to the plaintiff. For example, just because a property owner failed to put down a “wet floor” sign does not necessarily mean that their breach of duty caused the injuries.
Damages. Finally, if it is shown that a property owner’s breach of duty directly caused a plaintiff’s injuries, the plaintiff needs to show that they sustained some sort of monetary loss.