Slip and fall accidents are among the most common cause of injuries in America. They can occur anywhere, whether it is your house, a school, a workplace, or even a footpath. Slip and fall accidents can cause various injuries, from minor to major injuries that sometimes result in fatalities, especially for the elderly.
In a lot of cases, if someone has experienced a slip and fall accident in a public or private place, they can pursue a claim of the damages faced if they think that the accident could have been avoided. For example, if the place was better managed, or the owner had been more cautious. Even in accidents caused at home, a few factors, such as medicines that cause drowsiness or dizziness, can be considered what caused the accident.
Slip and fall accidents that lead to personal injury claims can be a little tricky. Evidence of certain specific factors against the entity or individual you are aiming to hold liable needs to be proven. In the United States, there is a common misconception that anyone who has slipped and fallen in a place that belongs to another person or a company can sue the other party and get compensated. However, this is not the case, and this is why a lot of cases do not get settled out of the court and end up reaching trial because the plaintiff cannot win their claim. To win a slip and fall claim, there are four primary points that the victim needs to prove in the court or settlement setting:
In cases where an individual suffered from injuries due to a slip and fall accident on someone else’s property, the victim needs to prove the owner’s duty at that place on the specific time and day when the accident occurred. The victim also needs to prove that it is the owner’s responsibility to ensure that the property is safe and free of any hazards. It is also their responsibility to put up warning signs for any place prone to such accidents so that the visitors can be cautious in those areas. The victim needs to prove that it was the duty of the property owner to keep the property safe at the time when the accident occurred. They also need to prove that it is due to the negligence or failure of the individual responsibility that the accident occurred, and the victim had to suffer.
Most slip and fall accidents occur in places with known potential for dangers. Surveillance experts assess these dangers; however, many property owners/managers neglect this known potential for dangers on the property. If the victim can prove that another party neglected this known potential for dangers, the victim can easily sue the entity and win the claim.
If the individual became a victim of the slip and fall accident due to a dangerous/risky circumstance on the property, the victim needs to prove it. The plaintiff must prove that the entity knew or had some inclination about the hazardous situation. Yet, the entity was unable to prevent the situation by appropriate measures or informing the visitors on the property.
The victim must be able to provide substantial evidence to prove any damages that they incurred were due to the unsafe premises. Most victims wait until their injuries have subsided, and this results in a lack of on-time appropriate action and weakens their case.
“The best approach to winning a slip and fall personal injury claim is hiring an experienced personal injury lawyer who knows how to gather the evidence necessary to prove that another party failed to meet their duty of care and this caused injury to another individual. Most slip and fall accident claims can be won by an attorney with grit persistence and experience.” comments personal injury lawyer Jon Ostroff from Ostroff Injury Law.