Dangerous Slip & Fall Accidents: Proving Liability

Property that is open to the public, or private areas that you were invited to, should be safe, secure, and free of any hazards. This means no poorly lit areas, no loose debris on the floor, no stray wires, no broken handrails near stairs, and so on. The concept of a safe place to visit is not foreign, and it certainly isn’t unreasonable.

What happens, then, if a property owner or controller, such as a tenant of an apartment or the manager of a retail location, fails to keep their premises clean and safe? What should be done if someone slips and falls on their property, suffering serious injury? The obvious answer is that the property owner should be held responsible for what their neglect has caused, but proving that point might not be so simple.

Three Main Requirements to Prove Liability in a Slip & Fall Case

As far as premises liability cases go, one of the most common accidents are due to slipping and falling. The law surrounding these issues has been refined, to some degree, and there are three main requirements that usually have to be proven to hold a property owner accountable for what happened.

Duty of Care
Someone is responsible for the general maintenance of the area of your accident, but it might not be who you think it is. To prove liability in your slip & fall accident case, you will need to be able to show that the person you are filing against was ultimately responsible for the upkeep of the premises and the safety of any guests or visitors.

Breach of Duty
You will have to show that the defendant in your personal injury case actually failed to provide an adequately safe environment. Generally, the hazard that caused your accident can’t be something that occurred without warning. Instead, it could be a problem that the property controller had a reasonable amount of time to discover and yet still did not rectify or otherwise address.

Cause of Injury
Lastly, you will need to provide realistic proof that the hazard is what actually caused your injury. Sometimes this can only be done through medical examinations or thorough investigations. After all, even if you slipped in a puddle in a grocery store, that doesn’t definitively prove that the resulting fall caused your limp.

What Else Should You Do in Your Slip & Fall Accident Case?

In addition to proving that someone else was responsible for your accident, it might also be necessary to show that you werenot responsible. Even if you are found partially liable for what happened, it could greatly reduce the chances of you winning a settlement that fully compensates you for your pain and suffering.

You should prove that:

  • You were not trespassing on the property
  • You were given no warning about the hazards
  • You were behaving in a reasonable manner

You should also retain a professional personal injury attorney to help you develop your case. The details surrounding your claim might be overwhelming to someone not familiarized with litigation and civil lawsuits. My team and I, Miami Premises Liability Attorney Danielle Cohen, have been supporting the wrongfully injured for years now, earning us a strong reputation and a respectable list of client testimonials. If you have suffered a slip & fall accident, do not hesitate to contact me so we can discuss your legal options through a free initial consultation.