If you have been wounded in a slip and fall accident, you may wonder if you have a case. These accidents can be complex, and you must consider many factors to determine if you have a valid claim. Here are five critical things that you need to prove to win a slip and fall accident claim:
1. The Property Owner was Neglectful in Maintaining the Premises
The victim must prove that the property owner was inattentive in maintaining the premises to win a slip and fall accident case. It means showing that the owner knew or should have known about the hazardous condition and failed to take sound steps to fix it. For example, if a wet floor sign was not posted after a spill, or if a loose handrail was not repaired, the victim may be able to show that the property owner was negligent.
If the property owner can prove that they took reasonable steps to fix the hazard or that the victim was aware of the danger and chose to ignore it, the claim may be unsuccessful.
2. The Hazardous Condition was the Cause of Your Fall
To win a claim, the victim must also prove that the hazardous condition was the cause of their fall. It is not enough to show that the property owner was negligent; the victim must also prove that the dangerous condition caused their injuries. For example, if you slipped on a wet floor but can’t prove that the floor was the cause of your fall, you will not be able to win your claim.
3. You Suffered Injuries as a Result of Your Fall
The victim must also prove that they suffered injuries due to the fall. This may seem like a given, but it can be difficult to prove if the victim does not have medical records or witnesses to corroborate their story. If the victim has no physical evidence of their injuries, it may be more difficult to prove their case.
4. The Injuries Caused by the Fall were Significant
The victim must also show that the injuries caused by the fall were significant. This means more than just proving that the victim was injured; they must also prove that the injuries significantly impacted their life. For example, if the victim suffered a broken bone or a concussion, they will likely be able to meet this burden. However, if the victim only suffered minor bruises and scrapes, it may be more difficult to prove that the injuries were significant.
5. The Fall Occurred Within the Last Three Years
To bring a claim, the victim must also prove that the fall occurred within the last three years. This is because most personal injury claims have a statute of limitations of three years. This means that if the victim does not bring their claim within three years of the accident, they will likely be barred from doing so.
You need to prove these five critical things to win a slip and fall accident claim. If you have been hurt in a slip and fall accident, it is essential to speak with a proficient personal injury attorney who can help you direct the legal process and ensure that your rights are protected.