How Can You Prove Your Slip and Fall Was Caused By Hazardous Conditions?
It’s a problem in any type of personal injury, not just a slip and fall claim. How can you prove in a court of law that hazardous conditions resulted in your fall and not your own clumsiness? It can be quite difficult, which is why you need an experienced attorney by your side.
Before we explain how it can be done, let’s discuss what you need to prove in order for a successful case. Let’s say that you slipped and fell in the icy parking lot of your local store. Seems cut and dry, right? There was ice on the ground, the store neglected to clean up the ice, and as a result, you fell and was injured. But the property owners can always come back to argue that the accident was your fault. You weren’t being careful walking to the store. Or the weather conditions had cleared up and the store did not have time to clean up the ice just yet. So what do you need to prove your case?
What you need to prove in your slip and fall claim is that one of the following conditions:
- The property owner and/or management should have had previous knowledge of the conditions and did nothing to fix the situation. It’s important to note here that an ample amount of time should have passed to fix the hazard. For instance, the weather conditions had improved hours ago before your accident occurred and the store could have cleaned up the ice beforehand.
- The property owner and/or management was the cause of the hazardous condition that led to your accident.
Keeping this in mind, now comes the hard part – proving negligence lies with the property owner and not with yourself. This can be tricky. But let’s go back to our icy parking lot scenario. The store probably has cameras to watch the parking lot. Could the video show that you were just walking straight into the store and not fooling around? Were their witnesses around at the time of the accident? Maybe someone else suffered a fall because of the parking lot. The key here is you must have ample evidence that shows you were not the cause of this accident.
Here are some questions you should ask before pursuing a slip and fall claim:
- Did the hazard exist long enough for someone the clear it?
- Did the owner or employee routinely check for potential hazards? If so, is there a log or record of whether a procedure was followed before the accident occurred?
- Is there a reasonable justification for the creation of the hazard?
- Was there a way the hazard could have been made less dangerous?
- Was visibility a factor?
A slip and fall claim is extremely difficult to prove but with the right lawyer, you will get the money you deserve. Contact the Law Offices of Anthony Carbone today for a free consultation.