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What Are the Elements of a Slip and Fall Case?

Have you slipped and fallen on someone else’s property? If so, specific factors must be present when an accident occurs before you have the legal right to file a personal injury claim.

This includes you (with the help of your attorney) proving that the property owner’s negligence resulted in or contributed to the accident. While this is true, it’s often best to speak to an experienced attorney to discuss your claim.

Talking to an attorney about your claim will ensure you understand the legal process and what must be proven. Keep reading to learn more about the elements of a slip and fall accident here.

There Was a Hazard or Dangerous Condition on the Property

It’s necessary for property owners to keep the premises safe for visitors and guests. This means it needs to remain free of hazards that may cause an injury to someone else.

To file a slip and fall claim, the victim must prove that there were unsafe conditions on the property that caused the risk of harm to the legal guests on the property. Some examples of this include:

  • Wet pavement
  • Potholes
  • Cracked sidewalks
  • Slick floors
  • Debris on the floor
  • Uneven walkways or flooring

Victims also must prove that the proper owner was aware or should have known that there was a hazard on their property.

The Victim Was Legally Allowed on the Property Where the Accident Occurred

To have a valid slip and fall accident, the victim has to be legally on the property when the accident occurred. The status of a person varied depending on their intention when they visited the location or their relationship with the owner of the property. The types of visitors that may be on the property include:

  • Invitee: A person invited to the property for the benefit of the owner.
  • Licensee: This is someone visiting the property for their own reasons (for example, family member or friend).
  • Trespasser: A person who has illegally come on the property without permission from the owner.

The Hazard Was the Cause of the Injury

It’s necessary to determine if your injury was caused by the hazard on the property and if the hazard was the result of the property owner’s negligence.

To ensure your claim is valid, your injury must be due to the hazard. The negligence of the property owner in not maintaining their property must be directly related to the injury of the victim.

When you receive medical care after a slip and fall accident, it’s possible to establish this link. Your doctor will determine the cause of your injury and document their findings in your medical records. This can be used as a source of evidence when you pursue your slip and fall claim.

You Experienced Damages Because of the Property Owner’s Negligence

It’s necessary to have experienced damages because of your slip and fall injury for the claim to be valid. This includes any financial losses you suffered because of your injury like:

  • Prescription medication
  • Past and future medical treatment
  • Medical assistive equipment
  • Lost wages
  • Rehabilitation
  • Loss of your ability to earn income

Don’t Wait to Contact an Attorney for Help with Your Case

If you need assistance with your slip and fall injury, don’t way to reach out to a personal injury attorney. They can review the facts of your case and provide you with the legal representation you need to help you receive the maximum amount of compensation possible. While these cases can be challenging to prove, it is possible with the help of an experienced personal injury attorney.

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