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

Disclaimer: The contents of this article should not be taken as legal advice and should only be used as a resource to provide information about how to win a slip and fall injury claim. You should always seek for the services of a lawyer specializing in slip and fall injury claims to give you a more in-depth view of this matter. 

It was a sunny weekend when you decided to visit your local grocery store to buy food. Since you knew exactly what to get, you immediately headed to the aisle of where these items were located and filled your shopping cart. You brought everything you needed and decided to head to the cashier immediately. However, upon making your way to the cashier, you stepped in a banana peel which caused you to trip and fall. Your right arm had the most impact of the fall that’s why it was bruised and hurt so bad. The moment you regained consciousness, you noticed that the banana peel was already dry and black – clear evidence that it had been long dropped before the accident and the management of the grocery store never bothered to have it cleaned. Because of everything that’s happened, you decided to file a slip and fall injury claim. You think that this is the only way you can get paid for all the medical bills, lost wages and the pain you’ve suffered.

You might have decided to file a slip and fall injury claim, but the processes involved here are never easy. You have to consider a lot of things before winning that claim. And of course, you would want to win – you’ve been hurt, and your financial health was affected, right? If you’re very eager to win that slip and injury claim but still don’t know how and where to start, you can start considering the following:

  1. You can win your slip and fall injury claim by collecting evidence.

Once you have sustained injuries from your slip and fall injury accident, you should start collecting pieces of evidence right away. These will help you prove your point that the management was at fault and should pay you financially for all the damages the accident has caused you. The evidence that you’ve collected will also be very helpful as these will make your case strong whenever a hearing is called between you and the grocery store management. Some examples of evidence you can use for your claim are:

  • Information (names, contact details, and statements) from witnesses;
  • Medical records of your injuries;
  • Photographs of the location where you were injured and its surroundings;
  • Photographs of your injuries;
  • Surveillance footage of the incident.
  1. You can win your slip and fall injury claim if you can prove negligence and liability of the defendant (i.e., the grocery store management).

There are obviously occurrences which can’t be controlled for you to avoid any accidents. However, there are also some which can be controlled – and if you want to win your claim, you have to prove that the management failed to act reasonably as an attempt to avoid accidents from happening. Assessing if the defendant had acted reasonably can be difficult, but you can start by considering these questions:

  • Is there any way to make the hazardous condition less dangerous with warnings signage, restricting access to the area and relocating the hazard?
  • Did the hazardous condition exist long enough that the management could have done something to eliminate accidents from happening?
  • Does the management have any policy which allows the employees or staff to check for potential hazards within the store property?
  • Were poor lightning or limited visibility factors in causing the slip and fall?
  • Was there any explanation of the potential hazard? If yes, did this explanation or reason still exist at the time of the slip and fall?
  1. You can win your slip and fall injury claim if you can prove that you didn’t cause the injury yourself.

There are some property owners (which in your case now is the management of your local grocery store) who would argue that you, as the plaintiff, have caused the injury to yourself. States vary on what this concept means and the terms used to describe it. Some would call this legal concept “comparative fault,” or “comparative negligence”. Your ability to recover compensation will be affected once proven that you were at fault for any aspect of the accident. You should ponder these questions to determine if you’d be off the hook for causing any injuries to yourself:

  • Was there a legitimate reason why you were in that dangerous area?
  • Were there adequate warnings posted and displayed but were simply ignored?
  • Were you distracted – texting or answering a call – from noticing the hazard?

The tips presented in this article will hopefully help you win your slip and injury claim. But for you to have better chances of winning the claim, seeking for professional help through a lawyer is the best way to go. Look for lawyers who are specializing in slip and fall accidents and share with them all of the details of your accident. Work closely with them, and for sure, you’ll be able to determine compensation that’s rightfully yours legally.  

Pamela Richardson

Pamela Richardson hopes to impart knowledge on the law to the common reader through her pieces. Pamela tries to keep herself fit and active during her free time and is hoping to one day start up her own new business.

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