How Liability is Proved in a Slip and Fall Accident

On behalf of Eisenmenger, Robinson & Peters, P.A. posted in Uncategorized on Saturday, November 19, 2022.

slip and fall accident

A slip-and-fall accident is the #1 cause of injuries that send people to the emergency room. In fact, falls account for 21.3% of all hospital visits. Slip-and-fall cases make up more than 1 million of these visits, meaning that they constitute 12% of total falls.

If you have recently been in a slip-and-fall accident, proving third-party liability is the first step toward getting compensation for medical bills and lost wages. Read on to learn more about the process of proving liability with a personal injury lawyer.

The Basics of Proving Negligence

To win a slip-and-fall case, the main thing you need to prove is that the defendant acted negligently. “Negligence” is legally the failure to take reasonable precautions that could have prevented your injury.

Every person and corporate entity has a duty not to pose an unnecessary risk to others around them. They must take reasonable actions to stop injuries. Posting signage about wet floors, fencing off safety hazards, repairing staircases and machinery, and appropriately training employees are examples of these actions.

The first thing that an accident lawyer must do is determine what precautions would be reasonable in your scenario. For example, if your slip-and-fall case took place on the wet floor of a retail venue, you might need to show that the water had been there for an hour and there were no warning signs in place.

Because “reasonable” is a highly variable term, you’ll need an attorney to help you define it in your particular case.

Looking Into Existing Records

After determining what “reasonable” means, lawyers will then take action to prove negligence (also called ‘fault’). They will look into the records that the third party holds about their practices and procedures. Then, they will look into your medical records to determine how exactly your injury was a result of the defendant’s failure to take precautions.

Finding Camera Footage

If you’re lucky, there will be security camera footage of your injury. Lawyers will ask to see these tapes and can use them to prove that you were not responsible for the injury. They also may be able to use this footage, as well as photos, to show a judge the exact nature of the hazard.

Talking With Eyewitnesses

Whether you have camera footage or not, talking to eyewitnesses is critical to proving fault. These people can give reliable third-party perspectives of what went down and let lawyers know exactly what happened as it took place. They also may be able to provide insight into precautions that the owners of the venue failed to take.

Re-Creating the Accident Scene

In many cases, attorneys will also go to the site of the accident and recreate what happened. This helps them to put together a more cohesive picture of what went down. They can look at the damage to the site, match up the appearance of the area with your story, and strengthen your case.

Gain Compensation After a Slip-and-Fall Accident

Now that you know attorneys prove liability in a slip-and-fall accident, it’s time to begin filing your case. Our lawyers are committed to helping you determine the validity of your claim, discussing the compensation that you can earn, and reaching a settlement.

Contact us to schedule a meeting with our experts and begin the path to proving liability.