How Do You Prove Negligence in a Slip and Fall?

If you experienced injuries and expenses due to a fall on someone else’s property, you might wonder, “How do you prove negligence in a slip and fall?” While proving negligence is critical to recovering your medical costs and other damages, gathering enough evidence to show that another is responsible for your fall can be tough.

Morgan & Morgan sees the consequences of severe fall injuries every day, with victims suffering detrimental emotional, physical, and financial impacts. However, you could be entitled to a settlement for your damages.

Our tenacious slip and fall lawyers know how to prove negligence and hold responsible property and business owners accountable. Contact us to get help with a free case evaluation.

What Is a Slip and Fall?

It is critical to understand that only some falls qualify for a legal claim and compensation. However, if you can prove that another was responsible for your injuries due to their negligent or reckless conduct, you could have a slip and fall claim and seek compensation.

All property owners, whether they own private, commercial, or public premises, must keep their property well-maintained and free of hazards for guests and visitors. Moreover, they should post appropriate warnings if the dangerous condition cannot be remedied immediately.

When a property owner knows or should know of a hazard and does nothing to fix or remove it, you could hold them accountable for your injuries and monetary losses.

Examples of Hazardous Conditions in a Slip and Fall Claim

The key to proving negligence in a slip and fall is identifying and documenting the hazardous condition that caused the fall. If you cannot prove that a danger existed, the defendant and their legal team could argue that your injuries occurred due to your own lack of attention or clumsiness.

While there could be many hazards causing slips and falls, some of the more common examples include:

• Wet floors
• Missing handrails
• Broken or missing steps
• Debris on floors
• Cables or boxes cluttering walkways
• Lack of lighting
• Sidewalks with cracks and potholes
• Loose or uneven floorboards

If you are unsure whether you fell due to a hazard and have a valid claim, consult with a slip and fall lawyer to understand your legal options and learn about your rights.

Proving Negligence in a Slip and Fall

Property owners must maintain their premises adequately and remove any hazards promptly. However, even if you slipped or tripped and fell due to a hazard, proving a property owner’s responsibility and recovering compensation can be challenging. Defendants typically argue that injured individuals are responsible for their falls. To prove your claim, you have to show that either:

• The property or business owner knew or should have known of the hazard
• The owner or an employee knew of the dangerous condition but failed to repair or warn of it
• The property owner or lessee caused the hazardous condition

Slip and fall claims can be tricky to litigate as the existence of a hazard alone does not necessarily entitle you to damages. Timing is often the critical issue in slip and fall claims. For example, if a dangerous condition occurred suddenly, causing your fall, a business or property owner could assert that they did not have time to remove the hazard. However, if you can prove that the dangerous condition existed for some time or was even reported before, and the property owner did nothing to protect visitors, you could have a good case.

Proving the Elements of a Personal Injury Claim

In addition to showing that an avoidable hazard caused your fall, you will also have to prove the four critical elements of a personal injury claim:

• The property owner owed you a duty of care
• They breached their duty by failing to fix or remove the hazard
• The breach caused your slip and fall
• You have injuries and financial damages as a direct result of the breach

A slip and fall lawyer from Morgan & Morgan can investigate your accidental fall and help gather the evidence needed to prove negligence and pursue damages from the responsible property owner.

Evidence Required to Prove Your Slip and Fall Claim

Claimants generally need to supply two types of evidence to pursue damages:

1. Evidence proving their injuries and damages
AND
2. Evidence showing the responsible party’s liability.

Proving Your Injuries and Losses

Evidence required to prove your fall injuries, medical costs, and other financial losses can include:

Medical Records

Seeking medical help as soon as possible after your slip and fall can help you recover quicker. Importantly, seeing a doctor can provide evidence proving your injuries, such as medical reports documenting your injuries and treatments. Ensure to retain any statements and receipts of medical bills you have paid already. Collect receipts for out-of-pocket costs such as medications, bandages, medical devices, and others.

Receipts and Statements

If you were seriously hurt in a slip or fall, you probably have numerous expenses in addition to medical bills, such as loss of income, transportation costs, and others. Gather evidence, including pay stubs, bank statements, and receipts for out-of-pocket expenses. To receive reimbursement for your expenses and losses, you will have to show proof.

Proving Liability of the At-Fault Party

To qualify for damages, you must also present evidence that a property owner or another responsible party caused your slip and fall. Material that can help to prove liability includes:

Accident Report

Record your accident properly if you fall in a store, office building, restaurant, or public area. Ask the premises owner or manager to fill in an accident report. Documenting your accident this way can be crucial evidence for a compensation claim or lawsuit later. Do not sign any documents or accident reports you do not fully understand or agree with, and insist on keeping a copy for your records.

Witness Statements

If anyone saw your fall, such as other visitors to the property or employees, ask them for their contact details. Witness statements can be crucial evidence for recovering compensation.

Other Essential Evidence

Additional evidence that could help you prove your claim includes:

• Pictures and videos of the accident scene and the cause of your fall
• Security camera footage of the area
• Photographs of your injuries
• Written accounts of the accident and your recovery
• Property records showing maintenance and repair

How an Attorney Can Help Gather Evidence

Unfortunately, gathering the necessary evidence on your own can be tricky, as a business or property owner probably refuses to provide you with security camera footage or business records that could prove their negligence.

However, a slip and fall lawyer can request such evidence officially through the legal process. They can ask the defendant in a lawsuit to produce relevant documents and other evidence. Moreover, your attorney can also send a spoliation letter to the defendant, designed to prevent them from destroying any evidence that could be relevant to the case. If the defendant deletes or destroys evidence despite being told to preserve it, they could face legal consequences.