Slip and fall accidents can have lasting consequences for victims. They can cause a wide variety of injuries, from traumatic brain injuries to broken bones. As the victim of such an accident, you have the right to file a claim against the property owner or maintenance authority to cover your medical expenses and other damages.
However, many slip and fall accidents are difficult to navigate, as it can be challenging to discern liability and cause. This may cause you to doubt whether you have a valid case at all. If you are uncertain as to whether you have the grounds to file a claim for your slip and fall accident, there are several important factors to keep in mind that will determine the eligibility of your case.
What Constitutes a Slip and Fall Claim?
One of the central aspects of a legitimate slip and fall claim is that the accident occurred on someone else’s property. It is critical that you are able to prove this detail, as it forms the foundation on which you can demonstrate liability.
If you were to fall in your own house, then there would be no one to blame except yourself, since you are the primary party responsible for maintaining the house’s safety. However, this responsibility does not belong to you when you are in commercial or public facilities, or a home that is not your own.
After your fall, you will need to establish three key details to determine whether you have a case or not:
- The property owner or manager – someone other than you – was responsible for providing a reasonably safe experience in the building. (This means that the walkways should have been well-lit and free of hazardous substances or objects.)
- The property owner or manager did not maintain the environment’s safety, thereby violating their legal “duty of care.”
- Their refusal or failure to maintain the area’s safety directly caused your fall.
Note that the property owner or maintenance authority should have had enough notice to be given a chance to resolve the issue. If they were unaware that the hazard or danger was present, then you may not have a case, as this does not necessarily constitute negligence.
In cases where the area is being prepared for cleaning, or was recently cleaned, there must be visible signs available for visitors to safely avoid the obstacle. Ensure that there were no signs in the area, because if there were, and you failed to see it, the fault will fall on you, and you will not have a legitimate case.
Damages You Can Claim from a Slip and Fall Accident
As mentioned above, slip and fall accidents can inflict a number of damages on victims and their day-to-day lives. If you incurred any of the following losses as a result of the property owner’s negligence, you undoubtedly have a valid legal case:
- Medical expenses
- Bodily or personal injuries (this includes psychological and emotional trauma)
- Property damage
- Lost wages
Deciding whether you have a legitimate slip and fall case can be challenging to do on your own. For this reason, you should consult with a lawyer. They will investigate your case and advise you of what types of evidence you need to demonstrate the property owner’s liability and secure your due compensation. Get in touch with a lawyer today for help with reviewing your case details.