How to Prove Liability in a Slip and Fall Case

How to Prove Liability in a Slip and Fall Case

On Behalf of Rosenthal, Levy, Simon & Sosa | August 20, 2024 | Personal Injury

Slip and fall accidents are common, and they can lead to very serious physical, financial, and emotional losses. If you’ve suffered an injury in a slip and fall accident that was caused by a property owner or manager’s negligence, your claim will hinge on evidence that proves their liability. The surest means of obtaining the evidence you need to support a favorable claim resolution is working closely with an experienced Port St. Lucie slip and fall accident attorney from the start.

The Elements of Your Slip and Fall Claim

Slip and fall accidents are more common and more dangerous than most people realize, and recovering from your losses is key to your recovery. To bring a successful slip and fall accident claim, the following primary elements must be present:

• The property owner had a responsibility to your safety, which is referred to as a duty of care. This applies whenever you’re in a store, restaurant, business, medical facility, or any other place where the public is welcome.
• The property owner breached this duty of care, which is where negligence comes into play. In premises liability claims like slip and fall accidents, property owners are held to the same standard that other reasonable property owners employ under similar circumstances.
• You suffered an injury as a direct result of the property owner’s breached duty of care, such as if you slipped, fell, and were injured due to a spill that they failed to adequately address within a reasonable amount of time.
• You suffered legal damages – or losses – as a result.

You’ll need evidence to prove each of these elements, but the primary concern is proving the property owner or manager’s liability.

Proving Liability

To prove that the property owner or manager is liable in your claim, your determined slip and fall accident attorney will need to establish that the owner knew about the risk factor that caused you to be injured prior to your accident, which generally comes down to demonstrating one of the following:

• That it had been there long enough to discover in the course of ordinary care
• That it occurred so often that an accident was foreseeable

The kind of evidence that tends to apply includes all the following:

• The accident report
• Footage from security cameras in the area of the accident
• Eyewitness testimony
• Photos and videos captured at the time of the accident
• Photos and videos of the obstacle itself

Bringing a solid claim is important to your future, and an accomplished slip and fall accident attorney can help you with that. 

Turn to an Experienced Port St. Lucie Slip and Fall Accident Attorney for the Help You Need

The well-respected Port St. Lucie slip and fall accident attorneys at Rosenthal, Levy, Simon & Sosa appreciate just how serious slip and fall accidents can be, and we will spare no effort in our commitment to your claim and your recovery. We are on your side and here to help, so please don’t wait to contact us online or call us at 561-478-2500 for more information today.