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How do you prove negligence in slip and fall injury cases?

There are four factors a plaintiff has to prove in a personal injury case:

  1. The defendant owed the plaintiff a duty of care
  2. The duty was breached due to negligence on the defendant’s part
  3. The breach of duty caused injury to the plaintiff
  4. The plaintiff sustained damages as a result of the injury

Legally, negligence is the failure of a party to use reasonable care in a given situation. What comprises “reasonable” care depends on the party or parties concerned, as well as the case at hand.

Broadly speaking, the party in possession of a property is responsible for keeping the property in safe condition for lawful guests. Similar responsibilities apply to a party or parties in charge of the property.

Negligence on the part of the owner or occupant can take a few different forms:

  • The defendant’s negligence results in an unsafe situation on the property
  • The defendant neglects to inform visitors of a slipping or tripping hazard
  • The defendant is negligent in monitoring and inspecting the property; therefore, a hazard is not identified and remedied in a timely manner

Property owners and residents are not expected to be all-knowing. But, they are expected to take actions that a sensible person in the same position would take, such as keeping the property clean and accessible, frequently looking for hazards, putting up warning signs as necessary, etc.

Unfortunately, property owners and residents occasionally fail in these responsibilities. When this occurs, negligence can cause a multitude of hazards that lead to slip and fall accidents.

Examples of Negligence

Some of the most common reasons people slip and fall on premises owned and/or controlled by another party consist of:

  • Wet floors
  • Accumulation of ice and snow on walking areas
  • Objects and debris in walkways
  • Uneven and damaged floors
  • Torn, worn, and protruding carpets
  • Loose rugs and floor runners
  • Cracked sidewalks and pavement
  • Handrails that are loose, damaged, or missing
  • Poorly designed steps and stairways
  • Poor lighting

To prove liability for your slip and fall injuries, the evidence needs to prove that the property owner or a resident neglected to apply reasonable care over the property. Negligence might lead to a dangerous situation like the ones noted above. On the other hand, a slip and fall injury might happen because the owner or resident was negligent in overseeing the property or neglected to inform of a hazard.

What Evidence Do I Need in a Slip and Fall Claim?

Several kinds of evidence can strengthen your claim against the property owner or occupant. Ultimately, you will have to prove not only that the owner or resident was negligent and their negligence resulted in your injuries but that you sustained damages because of the slip and fall injury.

The following types of evidence are critical for proving negligence, responsibility, as well as your losses in a slip and fall claim:

  • Photographs of the hazard or unsafe condition on the premises
  • Eyewitness statements
  • Video footage of the slip and fall accident
  • A slip and fall accident report (if available).
  • Your medical records.
  • Bills and invoices for any expenses you have incurred.
  • Notes you make about the accident and your injuries, including inability to work, daily pain levels, etc.

A Slip and Fall Accident Lawyer in Covina can examine thoroughly to determine if the property owner or occupant had methods in place for routine cleaning and maintenance, repair and removal of dangerous conditions, etc. Thorough investigation may uncover additional concerns of negligence, such as numerous complaints regarding hazards on the premises, inspection reports that emphasize hazards, and more.

Contact a Slip and Fall Lawyer Today

Did you slip and fall on another person’s property? If so, you might be entitled to compensation for the injuries and damages you have suffered.

Our lawyers have extensive experience handling premises liability claims, including those involving slip and fall injuries. We investigate thoroughly and collect all evidence of negligence on the part of the property owner or occupant, and then seek the full compensation you are entitled to.