When you step into a public space, be it a shopping mall, restaurant, or office building, you expect a certain level of safety. The same goes for private residences when invited. Property owners must ensure that their premises are free from hazards that could cause harm. This responsibility is the core of what we call slip and fall liability.
Knowing how to prove a slip and fall case, including showing that a property owner neglected their duty of care toward you and that their negligence directly led to an accident, involves several complex legal elements. It’s not just about showing that a fall occurred; it’s about demonstrating a clear line of causation and fault.
At Savage, Royall & Sheheen, LLP, we’ve helped many clients navigate this process. We understand how complex these cases can be and how frustrating it is when no one wants to take responsibility. That’s why our premises liability lawyers fight for those who’ve been hurt due to someone else’s negligence.
Understanding Slip and Fall Liability
Slip and fall liability falls under the broader legal concept of premises liability. This holds property owners and managers responsible for maintaining a safe environment on their properties. This responsibility means that if someone is injured due to a hazardous condition on the property, the owner might be held liable if it can be shown that they were negligent in preventing the accident.
Common causes of slip and fall accidents include:
- Wet or slippery floors without warning signs
- Broken stairs or loose handrails
- Uneven sidewalks or flooring
- Poor lighting in hallways or parking lots
- Debris, cords, or clutter in walkways
- Icy or snowy entrances that haven’t been treated promptly
Not every fall leads to a successful lawsuit. That’s why proving liability – actually showing that someone else’s negligence caused your injury – is essential for every slip and fall case. It’s not enough to say you got hurt on someone else’s property; you have to show that their actions (or lack of action) created the hazard.
The Four Elements You Must Prove to Win Your Case
When you pursue a slip-and-fall claim, demonstrating the property owner’s liability hinges on your ability to establish four critical legal elements. Each component builds upon the other to form an argument for your claim.
1. Duty of Care
You must show that the property owner – or whoever was in control of the property – owed you a duty of care. This means they had a legal obligation to keep the property reasonably safe for visitors.
2. Breach of Duty
Next, you need to prove that the property owner breached that duty. This happens when they fail to act as a reasonably careful person would. Did they ignore a wet floor, broken step, or poor lighting, for example? These kinds of oversights may qualify as a breach.
3. Causation
Causation means connecting the dots between the property owner’s negligence and your injury. You have to prove that their failure to keep the property safe is what caused your injury. This can be one of the more challenging parts of proving who is liable in a slip and fall accident, especially if the property owner tries to shift the blame to you.
4. Damages
Finally, you must demonstrate that you suffered real, measurable harm as a result of the fall. This can include physical injuries, medical bills, lost wages from missed work, and even emotional distress. Without damages, there’s no case – even if the property owner was negligent.
How a Lawyer Can Help Prove Slip and Fall Liability
Insurance companies often try to downplay your injuries or argue that you were at fault. At Savage, Royall & Sheheen, LLP, our attorneys know how to cut through the red tape. Here is how our lawyers can help
1. Investigating the Scene
We start by getting the full picture – how and where the fall happened. That might include visiting the location, reviewing surveillance footage, collecting photos, or tracking down witnesses who saw the incident or the hazardous condition that caused it.
2. Establishing Negligence
We dig into the details. Did the property owner know about the hazard? Should they have? We use inspection logs, cleaning schedules, maintenance records, and other documentation to show that the danger was known – or should have been.
3. Proving the Cause of Your Injury
We work to connect the property owner’s negligence to your injury by gathering:
- Medical records
- Expert opinions
- Testimony to show how the accident impacted your health and your life.
4. Pushing Back Against Insurance Tactics
Insurance companies may try to blame you for the fall or offer you a quick, lowball settlement. We’re used to those tactics, and we don’t let them slide. Our attorneys handle all communication and negotiation to make sure your case is taken seriously.
5. Taking It to Court
Most cases settle out of court, but we’re always prepared to go to trial. We build your case with that in mind from day one, so if the other side won’t offer a fair settlement, we’re ready to fight for you in front of a judge or jury.
Contact Our Slip And Fall Lawyers
Proving slip and fall liability can be difficult, especially when property owners or their insurance companies try to shift the blame or deny responsibility altogether. But it’s possible to prove the negligent party liable, even when they say they’re not to blame.
Proving a slip-and-fall case requires a combination of photos, medical records, witness accounts, property history, and expert testimony that creates a clear picture of negligence. Savage, Royall & Sheheen, LLP knows how to connect the dots and present a strong, persuasive case on your behalf.
If you’ve been injured in a slip and fall, contact us at 803-432-4391 to schedule a free consultation.