Accidental injuries are still apparent even in locations where you ought to feel protected and safe. It is not unusual for people to encounter falls and slips in public settings which can oftentimes cause for more severe head, neck or back injuries.
You are entitled to file a slip and fall injury claim and be presented with compensation if you are a casualty of a slip and fall case. Read further to know what you what you must prove to win a slip and fall injury claim.
Understanding a Slip and Fall Injury Claim
You are allowed to make a slip and fall injury claim when you, in any circumstance, have been injured or physically suffered in a public location due to another party’s fault. You can make a claim against the other person partly or fully at fault for failing to take full responsibility for your safety.
For instance, you can make a slip and fall injury claim against an employer for failing to ensure a safe environment in your workplace. Likewise, you can file the same claim against a construction company for failing to ensure a safe setting free from slippery surfaces or spillage.
A successful claim will result in settlements that compensates you for all your corresponding losses and injuries.
What Should Be Proven To Win A Slip And Fall Injury Claim?
A slip and fall injury claim cannot be filed if you are only a victim of an injury on a public property. For starters, your injury may be the outcome of another person’s negligence. There are three criteria you must meet to establish another party’s negligence in a slip and fall injury claim.
- The party at fault failed to provide duty of care
An occupier of the premises is obliged to provide a duty of care for potential people who will set foot in the premises. For instance, a supermarket must possess a duty of care towards all of its staff, especially customers since it is logically predicted that they will enter the supermarket premises. The duty of care in this context signifies that they must guarantee the safety and welfare of the people in the site.
- The party at fault broke the duty of care
“Breach of duty” means the negligent party failed to take sensible steps to guarantee the safety and welfare of people to which they are obliged to provide a duty of care.
For instance, some supermarkets deviate from reasonable operations such as failing to clean and clear floors from spillage, or not putting warning signages or barriers around inherent and potential risks for slip and fall injuries. Such negligence constitute a breach of duty.
- You Received Your Injuries Or Suffered Losses Due To Breach Of Duty Of Care
Lastly, you must prove that you were injured as an outcome of the breach of duty of care. This may be pertinent to a psychological or physical injury, economic loss or damage to property.
After you have suffered an injury due to another party’s negligence, begin gathering evidence for your injury claim. Your evidence will help fortify your case against the delinquent or negligent party and maximize the compensation you may receive.
Find potential witnesses
Look for people who were nearby and ask whether they have witnessed the accident. If you found potential witnesses, ask them if they are willing to provide a brief statement of what they saw. Further, take note of the names and contact details of all your witnesses.
Witness testimonies can provide assistance in supporting your case. Third-party witnesses have more convincing testimonies because they are not biased towards the results of the case. Further, unprejudiced witnesses can mean bigger settlements out of court to prevent a trial.
Photograph All Evidence
Most importantly, take photographs in various angles after the incident. For instance, take photographs in the evening if your accident occurred at night. As much as possible, try recreating the environment of the fall to strengthen your evidence.
Always remember to immediately take pictures after the accident, especially if it involved hazardous conditions such as a faulty railing. The owner will most likely repair the issue after the accident, so be sure to take photographs before they tamper with the evidence.
- Photograph your injuries: Again, try doing this immediately after your accident. Most slip and fall accidents result in cuts and bruises. So, take pictures regularly over the course of your injuries. On another note, showing the photographs to the negligent party or property owner may compel him/her to compensate you to settle the case.
Other evidence you must attempt to collect include:
- Any reports of correspondence between you and the negligent party
- Statement or records of events written by you, the injured party
- If possible, acquire surveillance footage of the incident
- Medical records of your injuries, such as, x-rays, medical certificates and schedule of appointments
- Receipts and other supporting documents of any incurred expenses due to your injury. For instance, travelling expenses, cost of home modification, etc.
- Evidence of any lost income due to your injuries
If you are a victim of slip and fall injuries due to a negligent party, hire a lawyer to help settle your case. This type of case may go to trial, or parties may reach a settlement through lawyers or a third-party mediator to avoid trial. Just remember to prepare all your evidence to fully establish your slip and fall case settlement.
It’s really quite challenging when you’ve got a slip and fall accident because of a product defect. If you want to know whether you can sue the person or entity at fault due to a product liability, you can click here.
Adeline Robinson is one of most promising young law writers. She writes pieces on law topics for common readers. She is an avid sports fan and loves watching games if she has free time.