If someone falls in a store and wants to file a slip and fall claim, individuals will need to prove negligence, a breach of duty of care, and responsibility for the accident.
Even seemingly small problems can lead to slip and fall accidents in stores, from a shallow puddle to damaged flooring, resulting in serious injuries in some cases.
In the event of a slip and fall that results in injuries that require medical treatment and time taken off from work to recover, victims may be able to recover the damages. However, they will need to prove liability to achieve a favorable outcome.
Proving Failure to Perform Duty of Care
One of the first things to prove to win a lawsuit is that the person or company liable is guilty of failing to perform a particular duty of care.
For instance, a shopper may slip and fall in a store because someone recently mopped the floor but neglected to place a sign warning nearby shoppers about the wet floor.
Slip and fall injury victims will also need to prove that the defendant practiced negligence that resulted in the fall that extends beyond an insufficient amount of time to prevent the fall.
If a person fell in a location where the lighting was inadequate, for example, negligence may be provable if routine maintenance wasn’t performed. On the other hand, negligence may be difficult to prove if the defendant checked for any hazards and took steps to mitigate the risk of falling.
Proof of Responsibility
Individuals involved in slip and falls will also need to prove that the defendant was responsible in part or in full for the accident and subsequent injuries. While partial fault and award is a potential outcome in many cases, working with a reliable slip and fall attorney may help build a case proving full negligence.
Gathering Evidence and Winning a Slip and Fall Case
Slip and fall cases are frequent, which is why it’s necessary to collect as much proof of negligence and responsibility as possible to win a case. The process can be difficult to navigate for many who are unfamiliar with filing claims and proving fault, but working with a lawyer can help build a case and guide the claimant through the process.