If you were injured and incurred damages due to a slip and fall, you might be wondering how to establish negligence in a slip-and-fall claim. It is not generally easy to show negligence. However, it is particularly essential if you want to be able to recover some reimbursement.
Even though you can believe that a premises owner is solely to blame for your accident, you must demonstrate this with tangible facts to receive reimbursement. A slip-and-fall attorney will counsel and assist you in gathering the facts you will need to make your case.
If there was a faulty or unsafe condition on the premises and you were injured due to this condition, you might be able to prove negligence. However, you must also demonstrate the following components to make your claim:
- The premises owner owed you a duty of care.
In essence, a duty of care refers to the property occupier’s or owner’s responsibility to keep the premises or property safe from unsafe conditions. Premise owners must avoid and correct circumstances that pose a potential risk of harm.
Who had authority over the property at the time of the crash determines whether the occupier or owner was responsible for protecting it. It is impossible to win the case unless duty is established.
- The property owner breached the duty of care.
Even if it is obvious to the injured individual that a dangerous condition existed when the accident occurred, it must always be proved in court or to a jury. Suppose there is a possible risk of harm. In that case, the situation is termed ‘hazardous.’ Some potentially hazardous conditions include uneven steps, inadequate lighting, wet floors, icy sidewalks, broken floor tiles, snowy pavements, and many more.
Besides, it should be shown that the defendant ought to have been or was aware of the current hazardous condition on the property. The occupant or property owner had the duty to eliminate the threat, but they failed to do so, resulting in an absurdly high risk of injury.
You must also prove that the property was in proper and regular use.
- The breach caused your crash and injuries.
Also, there must be sufficient proof that your injury resulted from the specific accident. The injury alone would not be ample evidence to win the liability action claim. Keep in mind that the defense can persuade the judge or jury that your injury was not caused by that accident.
A knowledgeable personal injury attorney will come in handy in such cases. The complainant’s counsel will explain how the unsafe condition was the immediate cause of the injuries suffered. They do so by collecting all relevant facts and convincingly presenting them.
- The damages incurred from the accident.
To strengthen your slip-and-fall case, you have to give evidence of your injuries, financial, as well as non-financial losses. Some of the necessary evidence to bring along include hospital bills, your medical records, and demonstrate the effect the accident has had on your life quality.
Let An Experienced Attorney Fight For You
If someone else’s negligent or reckless actions caused you severe injuries, you should not let them walk scot-free. Contact Ponton Law Firm today to speak with an experienced Atlanta car accident attorney about your slip-and-fall case. They work on a contingency basis, offering free, no-obligation consultations. Get started today!