You prove negligence in a slip and fall case by showing that:
- The other party owed you a duty of care
- They breached their duty of care in some way
- Their breach of duty of care caused you to slip and fall
- Damages resulted from your slip and fall
More specifically, you may need to prove that dangerous conditions caused you to slip and fall. You may also need to show that a liable party—generally a property owner—knew of or should have known of those dangerous conditions, and they failed to protect you from them.
What Is a Property Owner’s Duty of Care?
The term “duty of care” is broad. To better understand “duty of care” in the context of a slip and fall case, you should know how property owners must generally protect you from suffering harm.
A duty of care generally requires a property owner to:
- Be present at their property or hire someone to represent them at their property
- Regularly monitor their property for hazards, including slipping hazards
- Take quick, reasonable action to remove hazards when they arise
- Instruct their employees about how to respond to any hazards that they encounter
- Take all reasonable precautions to protect visitors from the hazard if the hazard cannot be removed or repaired quickly
Property owners cannot generally get away with an “I didn’t know” defense. If the property owner should have known about a potential hazard, then they may be liable for your losses. Property owners must generally remove or repair:
- Wet spots on the floor
- Loose carpeting
- Broken or uneven steps or flooring
- Potholes in the parking lot
- Inadequate lighting
Any possible hazard is the property owner’s responsibility. If they fail to remove or repair hazards and you suffer as a result, then you may be entitled to compensation.
What Are Specific Ways to Prove Negligence in a Slip and Fall Case?
With a property owner’s duty of care in mind, we may prove negligence in your slip and fall case with:
- Testimony or evidence that a property owner knew about a slipping hazard but did not properly protect you from it
- Showing that the slip and fall hazard was present on the property for a significant period of time
- Demonstrating that a property owner’s steps to remove the slipping hazard were inadequate
The details of your case will dictate how we prove negligence.
For a free legal consultation, call 877-239-4878
How Can Our Law Firm Prove Negligence and Secure Compensation for You?
You may receive compensation for a slip and fall accident claim. The American Bar Association (ABA) explains that such compensation may come through a settlement, or it may instead come as a judgment.
Our firm’s goal is to secure the compensation that you deserve. We may do this task by:
Assessing Your Related Losses
It is not enough to determine what your losses are. We must also identify how much each loss costs and who should pay for each loss.
Recoverable losses in a slip and fall case may include past and future medical expenses, lost earning power, lost income, pain and suffering, rehabilitation costs, and more.
Speaking With Witnesses
We can obtain testimony from any witness who saw you slip and fall or the conditions that caused you to slip and fall.
Obtaining Any Relevant Evidence
Our investigators will seek any evidence that is relevant to your case. This evidence may include video footage, photographs of the accident scene, and incident reports.
Documenting Your Losses
Medical bills, proof of lost wages, doctors’ assessments, medication bills, and counselors’ assessments may all be proof of your losses.
Our firm handles your case from beginning to end. We know that statutes such as Texas Civil Practice and Remedies Code § 16.003 may require us to file your case within a certain deadline—typically two years. Our team has experience completing slip and fall cases, and we are ready to lead yours.
Will You Receive Compensation for Your Losses?
We may recover fair compensation for your losses. Our team will negotiate with insurers, attorneys, or any other party that may provide a financial recovery. We pursue every bit of compensation that you are entitled to collect, and not a cent less.
Contact our personal injury lawyers today
Get in Touch With Loncar Lyon Jenkins Today for a FREE Consultation
Slip and fall accident cases can be challenging, but they are worthwhile for many victims. While you focus on your recovery, call in the Strong Arm to fight for you. We will help with your case at no cost to you, and you will pay us nothing up front to lead your case, and we do not receive a fee unless and until we win.