The majority of premises liability and personal injury cases are founded on negligence. In slip and fall cases, for example, the injured party must demonstrate that the property owner was negligent in their ownership and/or upkeep of the property and it led to them falling and injuring themselves. If you are able to prove this, you will be successful in a slip and fall case, otherwise known as a premises liability action. 

However, just because you were hurt on someone else's property, that doesn't necessarily mean that person was negligent. Thus, they may not be held liable for your injury. Furthermore, just because a property may have been in a dangerous state, it does not inevitably prove that its owner was at-fault. You must demonstrate that the property owner knew—or should have reasonably known—that the premises had dangerous conditions that caused a slip and fall, but did nothing to address it.

The property owner and/or a tenant or occupant who has authority over the premises are typically liable for a slip and fall accident. You must provide proof that the defendant's negligence caused you to trip and fall in addition to proving who was at fault.

If you were injured after a slip, trip or fall, consult with an experienced slip and fall lawyer, such as Brandon J. Broderick, Attorney at Law. We can provide the support to help you win your case.

Negligence in a Slip and Fall Case

In a personal injury or premises liability case, including a slip and fall claim, the plaintiff must demonstrate the following four things:

• The defendant had a duty of care to the plaintiff.
• Because of the defendant's negligence, the duty was breached.
• The plaintiff suffered injury as a result of the duty breach.
• The injury resulted in damages for the plaintiff.

According to personal injury law, negligence is when a party fails to use reasonable care in a particular situation. Depending on the party or parties in question and the circumstances, different parties will define what "reasonable" care is.

In general, the party who owns a property is responsible for maintaining its safety for authorized guests. A party or parties in charge of the property are subject to the same obligations, such as a tenant, for example.

You are not expected to know everything as a property owner or tenant. They must, however, take the same precautions that a prudent person in the same situation would take, such as maintaining the property's cleanliness and accessibility, routinely scanning the area for dangers, placing warning signs where necessary, etc.

Sadly, there are situations when property owners and residents fall short in these obligations. When this occurs, negligence can result in a variety of risks, including slip and fall accidents.

Examples of Negligence in Slip and Call Cases

These are a few of the most common causes of slip and fall injuries on a property that is owned by someone else. The causes include:

• Wet or slippery floors
• Accumulation of ice and snow on walkways
• Debris and objects in pathways
• Damaged or uneven flooring
• Torn or damaged carpets
• Loose rugs
• Cracks in sidewalk or pavement
• Damaged or un-mainteienced handrails
• Broken staircases or steps
• Poor lighting

Evidence must establish that the property owner failed to maintain the premises with reasonable care in order to prove that they are liable in your slip and fall case. A dangerous condition like the aforementioned ones could arise from negligence. Alternatively, a slip and fall incident could happen because the property owner or occupant was negligent in checking the area or neglected to provide a danger warning.

Evidence in a Slip and Fall Case

Evidence may prove to be very valuable in a personal injury case against a property owner. You will need to demonstrate not only that the property owner or occupant was irresponsible and that their conduct resulted in your injuries, but also that the slip and fall accident resulted in you suffering damages.

In order to establish liability in a slip-and-fall claim, the following forms of evidence are important:

• Photos of the dangerous area on the property
• Witness accounts
• Video footage of the slip and fall
• Medical records
• A report of the accident (if available)
• All bills documenting your losses
• Notes documenting your injury, pain you are experience and how it has impacted your daily life

If the owner or occupant of the property had policies in place for routine cleaning and maintenance, repair and removal of hazardous conditions, etc., a slip and fall accident lawyer can conduct a comprehensive investigation to find out if these actions were taken. More instances of negligence may be discovered through a thorough inquiry, such as prior complaints about risks on the property, inspection reports that point out risks, and more.

The testimony of an expert witness can also assist your lawsuit against the property owner or occupant. A slip and fall attorney can consult with expert witnesses on several aspects of your case, including how owner or occupant carelessness resulted in the hazardous environment that caused the accident.

Contact Us For Help in Your Slip and Fall Case Today

Are you injured after a slip and fall on someone else's property? If this is the case, you could be entitled to compensation for the losses you have suffered due to the injury.

Brandon J. Broderick, Attorney at Law, has a great deal of experience in dealing with premises liability cases, particularly those involving slip and fall incidents. Our team of slip and fall lawyers will conduct a thorough investigation, compile all evidence and fight for the full amount of compensation you are due.

For a free consultation, call us today.