Sometimes people assume that because they were injured on someone’s property that they have the right to file a lawsuit against the owner of the property. This is not always the case, however. There are certainly important elements that must be proven in order for a slip and fall claim to be successful. To prove a slip and fall claim, a party must show that:
The Property Owner had a Duty to the Victim
It must be established that the property owner had a duty to maintain their premises in a safe condition. This is established by showing that the victim was not a trespasser. For most slip and fall cases, this is the easiest element to prove.
The Property Owner Acted Negligently
It must also be shown that the property owner breached their duty and therefore acted negligently. In order to prove this element, it must be shown that:
- There was a dangerous condition on the property
- The property owner caused the dangerous condition, knew about the dangerous condition, or should have known about the dangerous condition
- The dangerous condition was likely to cause injury
- The property owner failed to fix the dangerous condition or failed to warn others of the existence of the dangerous condition
Most slip and fall claims hinge on proving this element. If a property owner was not aware of a dangerous condition, then they may not be liable for injuries that result from the condition. Timing may be essential in proving this element. If, for example, you slip and fall on a wet substance as the result of a customer spilling a drink on the floor, the business owner may not be liable if they did not know about the spill or did not have time to address the spill.
The Dangerous Condition Caused the Injury
In order to establish a valid slip and fall claim, it must also be proven that the property owner’s failure to maintain the property in a safe condition resulted in an injury. This means that the dangerous condition must be a direct cause of the injury.
Proving a slip and fall claim can be complicated. That’s why it can be helpful to have an experienced personal injury attorney on your side.
Contact an Experienced Slip and Fall Attorney
If you’ve been injured in a slip and fall accident, you should consult with an experienced attorney. At Abrahamson & Uiterwyk, we have over 30 years of experience helping people injured in slip and falls, and we are here to help you. Contact us onlineor call us at 1-800-753-5203 to set up your free consultation today.