Slip-and-fall accidents can happen in many hazardous conditions, such as wet floors, icy sidewalks, and uneven surfaces, that should have been addressed but weren’t because of negligent care. If you were injured in a slip-and-fall accident, you must establish negligence to seek compensation for your medical expenses, lost wages, and other damages. Proving negligence in slip-and-fall cases requires key evidence, strict adherence to required deadlines, and careful communication with insurers.
Below, our team from Sadaka Law will discuss what you need to know about establishing negligence in your slip-and-fall accident. For more guidance, speak with an experienced attorney about your case.
Elements of a Slip-and-Fall Case
If you slip on a wet floor in a supermarket, the negligence might seem clear, but that doesn’t mean your case will automatically stand up in a court of law. Negligence in slip-and-fall accidents involves four key elements that you must gather evidence to prove:
- Duty of care: First, you must establish that the liable party owed a duty of care. This typically involves proving the property owner’s legal responsibility to maintain safe premises. For example, when a spill occurs, property owners should clean it up or barricade it within a reasonable amount of time.
- Breach of duty: Next, you must prove that the liable party breached their duty of care, as defined above. Examples of failing to uphold safety standards might include noticing a spill and failing to clean it up right away or practicing reasonable foreseeability.
- Causation: To prove negligence, you also need to establish a direct link between the breach of duty and your injury. Just because the liable party failed to clean up a spill doesn’t necessarily mean that they caused you to hurt your back, so you must explicitly prove this link. Doing so might involve sourcing camera footage showing you slipping on the spill or asking for witness testimonies.
- Damages: Finally, you need to prove the extent of your physical, emotional, and financial harm, and you must link these damages directly to your injury. Insurers and liable parties often argue that your injuries might be related to old accidents or might have occurred after the fact, so you must show clear, undeniable evidence that your damages arose from the accident.
How To Prove Fault in a Slip-and-Fall Accident
Proving negligence in slip-and-fall accidents requires careful evidence collection and cooperation with the necessary legal processes. We recommend the following:
- Evidence collection: You need evidence to prove the elements above. Evidence might include photos of the hazardous condition, photos of your injuries or footwear, video footage, or witness statements. We recommend collecting as much evidence as possible directly after the accident before property owners clean the scene up.
- Incident reports: You must fulfill the notice requirement and file the incident with the property manager or business owners immediately after it happens. This informs management of the legitimacy of your injury and can serve as key evidence for your claim moving forward.
- Professional testimonies: Professional testimonies are statements from certified or licensed industry professionals, such as those working in the medical or safety fields. Such testimonies can support your claim and further strengthen your evidence. Your attorney can help you gather professional testimonies as you work to prove negligence.
When proving slip-and-fall cases, you must also consider comparative negligence laws. In comparative negligence states, multiple parties can be assigned a percentage of fault, and your recovery will be reduced by any percentage you assume.
For example, the defendant might argue that you were walking too quickly, which added to the hazardous conditions when you slipped and fell. If the court agrees, you might assume 10% liability, reducing your settlement by 10%. Because of comparative negligence laws, you must work with an experienced attorney who can help you establish clear negligence.
Who Can Be Liable After a Slip-and-Fall Accident?
Proving negligence in slip-and-fall accidents requires establishing liability, which is not always as clear as it may seem. The following parties might be liable for your accident:
- Property owners are responsible for maintaining a safe space. While commercial property owners generally have more responsibilities since they must keep their premises safe for employees and customers, residential property owners must still meet similar expectations.
- Tenants: If you’re injured on a leased property, the tenant may be liable if the hazard occurred due to a duty o f care they failed to fulfill. For example, if the tenant’s lease outlines that they’re in charge of shoveling snow and you slip and fall from the snow, the tenant might be held responsible for any ensuing injuries.
- Third parties: Various third parties can also be responsible for your accident, including maintenance companies or contractors who failed their duty or product manufacturers. An attorney can help you evaluate all potentially liable parties when proving negligence in slip-and-fall accidents.
How Long Do I Have to File a Slip-and-Fall Lawsuit?
Different states have varying statutes of limitations on slip-and-fall accidents, but the majority range from two to three years. New Jersey, for example, requires you to file your lawsuit within two years of the accident date.
Exceptions can apply to filing deadlines, though. For example, the discovery rule can extend your deadline, allowing you to file your lawsuit within two years after the date that you discovered that negligent actions caused your injury. You can also qualify for an extension if you were under 18 when you were injured. Government cases, on the other hand, have stricter deadlines and must be filed within six months.
Regardless of the filing deadlines, you should act promptly to preserve your case’s evidence.
Are Slip-and-Fall Cases Hard To Win?
Proving negligence in slip-and-fall cases and winning your lawsuit can be challenging due to common hurdles like lacking evidence and uncooperative witnesses. We recommend the following tips for building a strong case:
- Collect evidence immediately after the accident.
- Do not give specific details to insurers or other parties without legal advice.
- Stay off social media.
- Follow all treatment recommendations.
- Keep track of all medical records and bills.
- Consult an experienced attorney as soon as possible.
Legal representation can help you overcome common hurdles so you can seek compensation for your losses.
How Much Compensation Can I Seek?
The amount of compensation you can seek depends on your case strength and your damages. Average settlements for slip-and-fall cases are typically in the five-figure range, but many factors can influence your compensation, including the following:
- Your medical bills and rehabilitation costs
- Any lost wages or diminished earning capacity
- Your pain and suffering damages
Extreme negligence cases also offer the potential for punitive damages, which can exponentially increase the settlement award. These punish the defendant directly for inflicting intentional harm and are meant to discourage repeat offenses. Your attorney can speak with you about expected settlement ranges and gather documentation to help you seek a maximum award.
How a Personal Injury Attorney Can Help
A personal injury attorney helps with collecting evidence, establishing negligence, and negotiating settlements. At Sadaka Law, we’re highly experienced in representing slip-and-fall cases and have a track record of success in helping personal injury victims secure maximum settlements. When you need help proving negligence in slip-and-fall accidents, call Sadaka Law at (800) 810-3457 to speak with an experienced attorney.
