Proving Negligence in a Slip and Fall Case

Many people think slip and falls are minor accidents. This is not true. Slip and fall accidents can be very serious and, in certain instances, they can even result in wrongful death. This is particularly true when an accident victim fell from a height or hit their head. Regardless of how a person falls, the injuries incurred during these accidents often result in high medical bills, lost income, and more.

If you have been injured during a slip and fall on someone else’s property, you may be able to claim compensation for your injuries. Obtaining the full and fair damages you are entitled to is not easy, though, and it relies on proving negligence in a slip and fall. Below, our Charleston slip and fall lawyer explains how to do it.

The Property Owner Owed You a Duty of Care

Slip and fall negligence cases require that you prove certain elements of your case. The first of these is proving that the property owner owed you a duty of care. This means the property owner had a duty to ensure their premises were safe for you to enter. If there are any dangerous conditions on a property, such as broken handrails on stairways, property owners have a duty to warn visitors about the hazard.

Establishing a duty of care in a slip and fall accident is not as straightforward as in other types of personal injury cases. This is because property owners owe different types of visitors different levels of care. The types of visitors recognized under the law are as follows:

• Invitees: Invitees are visitors who enter a property with the express or implied consent of the owner. Their presence on the property is for the benefit of the owner. Clients in an office and customers in a retail store are common examples of invitees. Property owners owe invitees the highest duty of care to keep them safe. This includes inspecting the property regularly and fixing any hazards that may be present.
• Licensees: Licensees also have the consent of the property owner to enter the premises, but they visit for their own benefit. Social guests are an example of licensees on a property. Property owners do have a certain duty of care to licensees, but it is not as high as it is with invitees.
• Trespassers: Property owners do not generally owe trespassers a duty of care because they enter the premises without the owner’s consent. Property owners cannot try to harm trespassers. Additionally, if a property owner knows that trespassers regularly enter the property, they may have a duty to warn trespassers about any danger on the premises.

Breached Duty of Care

Proving that a property owner breached their duty of care is essentially proving slip and fall negligence. Establishing a breached duty of care is more difficult than simply proving a duty existed. One of the biggest challenges when proving a breached duty of care is showing that the property owner knew of the danger and did not correct it, or warn the visitor about it.

For example, a jar may break in a grocery store, causing the contents to spill onto the floor. If the spill had just happened and someone slipped on it, the property owner likely would not be liable because they may not have known about it or had time to clean it. On the other hand, if customers had told staff members about the spill but they did not clean it up, and a customer slipped and fell on it, the grocery store could be held liable.

Causation

An act of negligence is not enough on its own to file a claim. You must show the direct link between the property owner’s negligence and the accident. Using the grocery store example above, you would have to show that the spill was dangerous and caused your injuries.

It is important to conduct an investigation after any accident and to collect evidence while you are still at the scene. Property owners may correct hazardous conditions soon after you become injured to shield themselves from liability. A Charleston slip and fall lawyer can investigate the accident and collect evidence proving that there was a hazard on the property that caused your accident.

Damages

Slip and fall negligence cases are meant to compensate you for your injuries and other losses you sustained. Due to this, if you did not suffer an injury, you generally cannot file a claim, even if the property owner was negligent and there was a dangerous condition on the premises. Without an injury or other losses, there is nothing to compensate you for. Some of the most common damages in slip and fall claims are as follows:

• Medical expenses
• Lost income
• Loss of earning capacity, if you cannot return to the same line of work again
• Pain and suffering
• Property damage
• Wrongful death damages, if you lost someone you love

Evidence to Prove Slip and Fall Claims

To prove you are entitled to damages after a slip and fall accident, you must have strong evidence that proves the above elements of your case. There are many different types of evidence used in these cases, including:

• Pictures and video footage
• Accident reports, particularly if the slip and fall occurred on commercial property
• Statements from eyewitnesses
• Medical records documenting the nature and severity of your injuries
• Maintenance records showing the property owner failed to correct hazardous conditions
• Clothing and personal items that became damaged
• Expert testimony, such as from an accident reconstruction specialist

Our Slip and Fall Lawyer in Charleston Can Prove Your Case

Proving slip and fall negligence is not easy, particularly when you are trying to recover from serious injuries. At Trey Harrell, our Charleston slip and fall lawyer can conduct an investigation, collect the necessary evidence, and help you obtain the full and fair damages you deserve. When you are hurt, Remember Trey Helps! Contact us online to schedule a consultation and to get the legal help you need.