What Makes A Slip And Fall Case Valid?
A slip and fall occurs when someone slips, trips, or stumbles in a way that causes them to receive an injury while on someone's property. Not all slip and falls represent valid cases for a personal injury lawsuit. For a valid case, you must prove another's negligence played the largest role in you receiving an injury.
What Counts as Negligence in a Slip and Fall?
In personal injury cases, negligence is a concept that consists of several parts. For a slip and fall, there are four things you must prove:
- You slipped and fell where someone else had a responsibility towards preventing accidents.
- Someone didn't do what they reasonably could do to prevent a slip and fall.
- You received an injury from the slip and fall.
- Your injury causes you real problems.
If you can show all these things as true, then you can establish negligence.
For example, someone can slip on a can at a grocery store and injure themselves. Since this occurred at a grocery store, there's a reasonable assumption that someone would routinely make sure the aisles are free of things someone can slip on. Apparently, someone did not do that.
The slip and fall on the can gave you an injury that prevents you from adequately performing your job duties. This scenario meets all the criteria to establish negligence.
Still, a slip and fall case will also look at your own actions. Using the same example, you will have to explain why you didn't see the can far before you stepped on it. If you weren't paying attention, then some of your own negligence can come into play and weaken your potential case.
Maybe they only just fell a minute or two before the aisle was checked. If the grocery store can show they do routinely check the aisles, but your accident happened before they could do so, then your case weakens further. In some cases, you may have to prove other aspects of your claim to combat evidence the grocery store presents.
For these reasons and many more, it's important people pursue these types of cases with the help of a personal injury lawyer services. Proving negligence can fail if you say the wrong thing at the wrong time. Speak with a personal injury lawyer about your possible case as soon as possible. Your lawyer can help guide you through the process to help you achieve the best possible outcome.