Necessary Elements to Prove in a Slip and Fall Case

Accidents involving slips and falls are common at home, and in industries where the dangers are higher than elsewhere. These accidents can cause major or minor injuries, but they can be fatal for elderly people.

Anybody can be involved in a slip-and-fall accident, private or public. If the property is owned or managed by a business, it’s possible that the manager or owner is responsible. The fall could also be caused by medication that causes dizziness or vertigo.

When suing an entity or person for negligence, it is important to prove certain facts. Many United States citizens believe that any fall completed on the premises of a company or individual entitles him or her to sue the person or organization. This is not always true. Slip and fall cases must be proved with enough evidence. It may not be possible to successfully complete a case without proving these specific factors in favor of the injured person.

Evidence for Slip and Fall Accidents

The property must be owned, controlled or operated by the person being sued. This must be proved in court. The owner or manager must know or be aware of the potential harm to others. The exact issue that caused the injury must have been considered dangerous without a minor deficiency. The victim must have sustained injuries due to the dangerous condition, and not any other problem. The case could be dismissed if the victim fails to prove all four elements.

Duty to the Victim

The property owner or manager is responsible for maintaining it and making sure that there are no dangerous conditions. All issues should be addressed using reasonable means. Warning signs must also be posted to warn others about the situation so that they can be avoided. In some cases, the victim may need to prove that the manager or owner had control over the area at the time of the accident. An owner or manager can be interchangeably in control. The incident date and time must determine who the correct person is. The case will not be successful if the victim is not able to prove that they have a duty.

Potential Danger

It is important that there is a risk of slip and fall or trip in the case. A witness can be called to explain inspections, maintenance and hazardous procedures that were used to prevent accidents. If these measures are not taken by the owner or manager, it is more likely to prove this element as the premises manager or owner was improper in his or her care of the area. This could lead to a dangerous situation, which would be disastrous for any property owners. Negligence occurs when the defending party knows of the danger and does nothing to address it. The victim is then injured because of this factor.

Dangerous Circumstance

Even if the case has an obvious instance where danger was apparent, it must be proven. The evidence must be provided by the victim that the defense party knew or had reasonable suspicion of someone being harmed due to the conditions on the property. This hazard should have been taken care of in some manner to ensure that others on the property knew of the potential for harm or were able to avoid it. Another essential aspect of this situation is that the property was utilized as it is supposed to be without alteration. This means that a dance club was used for dancing, not horse riding.

Damages Relevant to the Case

The final element is the proof of injury caused directly by the slip-and-fall through hazardous conditions on the premises. This is the most difficult element to prove, as many people wait until their physical discomfort becomes too severe to ignore it. It must be clear that the conditions diagnosed were caused by the property’s hazards. A lawyer should be consulted in most cases to help you understand what to do and how best to apply the elements. A lawyer may be able to help you with your claim.

Updated 1/10/2022