Learn about the essential elements for securing compensation for injuries suffered in a fall.
Have you been injured in a fall on someone else’s property? You may be entitled to compensation. However, you will need these 3 things to build a strong case.
Proof of Serious Injury
Slip and fall accidents have the potential to result in very serious injuries, including brain injuries and spinal injuries. However, your injury does not necessarily have to be life-altering in order to be “serious” enough to merit a claim. It just has to cause you to suffer measurable damages, such as a big medical bill or a significant period of time when you cannot work. Seemingly minor injuries like sprains and fractures can easily qualify. In any case, it is very important to visit the doctor promptly so that your injury can be officially documented.
Proof the Injury Occurred on the Defendant’s Property
Obviously, in order for a property owner to be held liable for your injury, you have to not only show that you fell on their property, but that your injury did in fact result from that fall. In most cases, this is relatively simple to prove. But if you have a pre-existing condition such as an old back injury or head injury, it may require a bit more effort to prove that your symptoms are related to your recent fall.
One way your slip and fall accident injury attorney can help is by investigating the possibility of getting a medical expert and an accident reconstructionist to collaborate on a 3-D computer animation that will show the insurance company (or the jury if your case goes to court) exactly how the fall occurred and how the forces involved caused your injury.
Proof the Defendant Was Negligent
This final point is the trickiest to prove in a slip and fall accident case. Just because a hazard was present on someone’s property does not necessarily mean that they were negligent. Instead you need to show that they failed in their duty to keep their property safe. This means you have to prove that they knew—or should have known—about the hazard that caused your fall and yet did nothing to warn against it or correct it.
Timing is often key here. For example, a store isn’t expected to be omniscient and clean up all spills the instant they happen. But, they are expected to make inspections are regular intervals to make sure there are no slippery spills on the floor. So, if you slipped on juice from a broken pickle jar in a supermarket, you may need to turn to surveillance footage or witness testimony to show that the slippery brine was in place for a good amount of time before you came upon it and fell.
Need Help with a Slip and Fall Accident Claim?
The best way to find out for sure if you have a strong claim for compensation following a slip and fall accident is to contact an experienced attorney like Michael A. Kahn. Call now to request a free initial consultation and get Attorney Kahn’s expert advice on how to proceed with your case.
