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How do I prove liability in a slip-and-fall accident?

On Behalf of | Nov 16, 2021 | Personal Injury

A slip-and-fall accident can leave you with serious injuries. If you believe your slip, fall and subsequent injury were preventable, you might wonder how to prove fault and file a claim against the at-fault party. Proving liability is absolutely essential if you are to win your slip-and-fall case and get compensated for your damages.

Ideally, you can prove liability if there was a hazardous or defective condition on the property that caused your slip and fall. To win your case, you must prove the following:

  • The property owner owed you a duty of care
  • There was a breach of that duty of care
  • The breach resulted in your slip and fall accident
  • You suffered damages following the slip and fall accident

It is one thing to know the accident was entirely someone else’s fault. However, to prove this and win your claim, you must provide tangible evidence. 

Elements of fault that make a property owner liable for your injuries

A property owner has a duty to maintain their premises to a reasonable standard and fix any dangers that may cause harm in a timely manner. In order to prove liability in your slip and fall accident, you will have to prove the following:

  • The property owner knew about the existence of the dangerous or hazardous condition
  • The property owner, or responsible party, failed to address the dangerous or hazardous condition

Timing can be an important factor in your slip and fall case in two ways: First, if the hazard existed for a while, and the property owner did nothing about it, you may have a claim. And, you will only be eligible for compensation if you file your claim within two years from the date of the accident

Hazardous conditions that could cause a slip-and-fall accident

Some of the most common causes of a slip and fall include:

  • Wet floors
  • Broken or cracked floors
  • Inadequate lighting
  • Poor lighting

Getting fair compensation in a slip and fall case is a matter of proving your case. If you or a loved one is involved in a slip and fall accident, it is important that you learn how to prove liability. With the right evidence, you can build a strong case and get the compensation you need to recover from your damages.