Slip and Fall

What You Need to Prove to Win a Slip and Fall Injury Claim

By September 11, 2019 No Comments

Undoubtedly, accidents and injuries can still happen even in areas where you feel safe. It’s not unusual for people to slip and fall in public places, which can result in back, neck or brain injuries. If you’re a victim of a slip and fall accident, you might be entitled to make a claim to receive compensation.

In a slip and fall lawsuit process, there are certain things you need to prove to win a claim. Read on to know more.

1.      Liability

You must prove that the defendant has a duty of care, but was negligent in performing their role. Everyone has the responsibility to exercise care when they’re conducting an activity that might potentially harm another person.

The owner of the premises has various levels of duty of care towards people who enter their property. Entrants to the premises fall in different categories i.e., invitees, licensees, and trespassers.

When pursuing a damage claim, your best chance for success is if you entered the venue as an invitee or a licensee. If you were trespassing into the premises, then you might not have much chance of winning your claim.

2.      Negligence

In order to prove negligence, you must demonstrate that the defendant failed to act prudently to prevent the incident. For instance, did the hazard exist long enough for the defendant to discover and remove it? If somebody drops a banana peel on the ground and you slip on it immediately afterward, you might not win. That’s because the defense might argue that the premises owner didn’t have enough time to notice the peel and remove it.

On the other hand, if the banana skin had stayed on the floor for like 30 minutes, you might win. That’s because the court might decide the defendant had enough time to discover and make the area safe.

3.      Responsibility Or Fault

In slip and fall cases, the defendant might argue that you (the plaintiff) are partially or fully responsible for the accident. That sort of argument is made under the Comparative Fault Rule, which applies differently in different states. The rules in a given state will impact your ability to recover complementation if you share some responsibility for the accident.

In some states, you’ll be barred from reimbursement if you bear any blame for the incident. In other states, your compensation amount will be decreased by a percentage that’s equivalent to your share of liability.

So, before you make a slip and fall injury claim, ask yourself, did you engage in any activity that may have prevented you from noticing the hazard? Were you lawfully authorized to enter the location where the accident happened? Did the premise owner post enough warning signs and did they ignore other safety measures?

Given that you can prove the above conditions, you might get a positive outcome in your claim.

Due to the complexity of liability matters, you are better off hiring a lawyer. Attempting to file a claim on your own can backfire substantially fast. If you think you have a case, call a reputable Atlanta Slip and Fall attorney right away. At Ponton Law we are very familiar with slip and fall lawsuit processes. We can guide you through the process. Contact us for a free case evaluation.