Anyone can slip and fall, but in some cases, a slip and fall is due to a property owner’s negligence. Proving this negligence, however, can be difficult. We’ll explore the steps and evidence needed to prove a property owner is liable for a slip and fall injury.
Establish Duty of Care
The first step in proving responsibility for a slip and fall is establishing that the property owner had a duty of care to the injured person. Property owners are legally obligated to maintain a safe environment for tenants, guests, staff, and visitors. This duty includes regular inspections of the premises, addressing potential hazards, and warning people of potential dangers.
Prove Breach of Duty
Once a duty of care has been established, the following step is to prove that the owner of the property breached this duty. This can be done by providing evidence of neglect, like a failure to repair a known hazard, lack of or inadequate warning signs, or a lack of regular maintenance.
Demonstrate Causation
It’s critical to show a direct link between the property owner’s breach of duty and the slip and fall incident. This involves demonstrating how the hazardous condition directly caused the injury. Medical records, eyewitness accounts, and expert testimony are all ways to establish causation.
Gather Evidence
Gathering evidence is essential for a slip-and-fall case. Evidence can include:
- Photos and Videos: Document the scene where the incident occurred, including the hazardous conditions, the lighting conditions, and any warning signs.
- Witness Statements: Gather statements from anyone who was a witness to the incident, explaining what they saw.
- Maintenance Records: Request and review records of the property’s maintenance history to identify any lapses or neglect.
Identify Previous Incidents of Slip and Falls
If there have been previous incidents of slip and falls on the property, it can help to establish a pattern of negligence. Investigate whether the owner of the property was aware of previous incidents and failed to take steps to prevent future incidents.
Adherence to Building Codes
Find out whether the property has complied with any relevant building codes and safety regulations. Showing non-compliance can bolster the argument of negligence by the property owner.
Consult Experts
Testimony from experts can be a valuable way to establish the standard of care expected from property owners. Experts in premises liability, safety regulations, or maintenance practices can provide information that will strengthen a slip and fall case.
Preserve Evidence
It’s essential to act quickly to preserve any evidence. This includes taking photographs or videos, getting witness statements, and ensuring the hazard is documented before any repairs or changes are made.
Contact a Florida Accident Lawyer
Property owners are obligated to maintain safe premises for the people who come onto their property. Failure to do so, resulting in a slip and fall, can cause an injury and financial loss.
Seeking the advice of a lawyer if you have suffered a slip and fall is essential. You may be entitled to bring a personal injury claim against the responsible parties.
Our legal team has over 40 years of experience seeking justice for our clients who have been the victims of slip and fall incidents. Our attorneys have sought and won millions of dollars for our injured clients. Don’t let your health and legal rights go unaddressed after a slip-and-fall incident.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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