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Have you been injured in a recent slip and fall accident? If so, you are most likely entitled to a personal injury claim. However, you have to show the negligence of the other party that led to your slip and fall accident. You must demonstrate that the property owner failed to take reasonable precautions that led to your fall.
Fresno slip and fall lawyers at The May Firm say that going through the legal documentation, talking to witnesses, obtaining evidence, and navigating through the process can be burdensome for the victims and their family members. This is why you should not delay consulting a personal injury lawyer. They are experts and have the right resources and contacts in assisting you to get the fair compensation that you deserve.
How Do You Claim in a Slip and Fall Accident?
Slip and fall accidents are common and can happen at parking lots, grocery stores, private properties, offices, malls, restaurants, and anywhere, but the difficult task is to establish the blame.
You need to prove that the property owner or any other responsible party was already aware of the potentially dangerous situation but chose to ignore it. If you have informed the insurance provider about the accident, and are in talks regarding a possible settlement amount, you might have noticed that the process can be difficult.
They will ask you many questions and you most likely will have to show them the evidence. Since insurance companies are smart and know several strategies to decrease your settlement amount, you should remain cautious all the time and not give them statements without consulting your lawyer.
There can be many parties responsible for a slip and fall accident-
#1. Owner of the Property
Generally, in most cases, the property owner must maintain their property and ensure no hazards.
#2. The Government Entity
If the slip and fall accident was caused due to the negligence of any government officer responsible for the maintenance of the property.
#3. The Supervisor
Several times, a supervisor is put in charge of the maintenance of the property.
How Do You Prove Negligence?
Your slip and fall claim must demonstrate the following four elements of negligence:
Duty of care: The property owner has a “reasonable” duty of care to ensure that their property is safe and can cause no potential injuries.
Breach of duty: The property owner did not pay attention and intentionally breached their duty to protect the people on their property.
Causation: The injuries and the damage (loss of income, medical bills, etc,) were a direct result of the property owner’s negligence.
Damages: The at-fault party is proven guilty and is entitled to pay you for the damages.
What Is the Evidence Required to Prove Negligence?
- Statements from the Eyewitnesses and the passerby
- Medical bills and records, prescriptions
- CCTV Surveillance footage
- Testimonies of the people at the scene
- Photos of the accident scene
- Police report
What Hazardous and Dangerous Conditions Cause Slips and Falls on a Property?
The following are some of the most common causes of slip-and-fall injuries:
- Rain, Wet floors, and snow on sidewalks or in corridors, parking lots, and other public places
- Objects that are left on the road or the floor without any warning signs.
- Leaks and spilled liquids on the floor. This is generally common in manufacturing industries, restaurants, and other commercial places
- Poorly maintained pathways, railings, and sidewalks.
- Rusted and poorly maintained or missing handrails that cause staircase trips
- Poor illumination
- Poorly maintained nursing homes and assisted living facilities
- The slippery floor of swimming pools
- Falling dangers on construction sites
Thousands of individuals are wounded each year as a result of slipping and falling on a floor, stairwell, or other surfaces. Several slip-and-fall lawsuits are filed each year.
You are entitled to compensation for economic and non-economic damages and losses such as medical bills, loss of future income, loss of employment, loss of social activities, and emotional pain and suffering. You should hire an expert attorney who can recover the amount for your financial and emotional pain. Remember that you deserve the highest financial compensation.