Slip and Fall Lawyer Green Tree

A slip and fall accident can result in serious injuries, especially when caused by unsafe conditions on someone else’s property. If you’ve been injured in a slip and fall accident in Green Tree, Porta-Clark & Ward will help you pursue compensation for your injuries. Our experienced slip and fall lawyers will fight for justice on your behalf. Call (412) 921-7350 today for a free consultation.

How to Prove Liability in a Slip and Fall Accident Case

Slip and fall accidents are among the most common types of personal injury claims. They can happen anywhere—on a wet floor at a store, an icy sidewalk, or a poorly maintained staircase. While these accidents might seem straightforward, proving liability in a slip and fall case can be complicated. To recover compensation for your injuries, you must demonstrate that the property owner or business was legally responsible for the hazard that caused your fall.

What Does Liability Mean in a Slip and Fall Case?

Liability in a slip and fall case refers to the legal responsibility of the property owner or occupier to maintain a safe environment. Under premises liability law, property owners are required to keep their premises reasonably safe for visitors, whether they are customers, tenants, or guests. If the property owner fails to do this, and their negligence results in an injury, they may be held liable for damages.

However, not all slip and fall accidents are the result of negligence. To win your case, you must show that the accident occurred because of the property owner’s failure to maintain a safe environment. This is where proving liability becomes key.

Establishing Negligence in a Slip and Fall Accident

To prove liability in a slip and fall case, you must establish that the property owner or occupier was negligent. There are four elements that need to be proven in any negligence claim:

• Duty of Care: Property owners have a legal duty to ensure that their premises are safe for those who enter. The duty of care owed to a person depends on their status as a visitor. For example:
  • Invitees: These are people invited onto the property, such as customers in a store. Property owners owe the highest duty of care to invitees and must ensure the premises are free of hazards.
  • Licensees: These are people who enter the property for their own benefit (e.g., social guests). Property owners must warn licensees of any known dangers.
  • Trespassers: Property owners have limited duties to trespassers, primarily to avoid intentionally harming them.
• Breach of Duty: Once the duty of care is established, you must show that the property owner breached that duty. A breach occurs when the property owner fails to fix or adequately warn visitors about hazardous conditions, such as a wet floor, loose handrail, or uneven pavement.
  To prove this, evidence must show that the property owner knew or should have known about the dangerous condition. For example, if the floor was wet for several hours and there were no warning signs, you may argue that the business owner was negligent in not addressing the hazard.
• Causation: You must demonstrate that the property owner’s breach of duty directly caused your injury. This involves linking the dangerous condition to your fall. For example, if you slipped on a wet floor, you would need to prove that the wetness was caused by the property owner’s failure to clean it up or put up a warning sign. Causation also includes showing that the accident was not caused by something unrelated to the property’s condition, such as your own carelessness.
• Damages: Finally, you must show that you sustained actual damages as a result of the slip and fall accident. This can include physical injuries (e.g., broken bones, sprains), emotional distress, medical expenses, and lost wages from time missed at work.

Key Factors That Affect Liability 

Several factors can influence the outcome of your case and determine whether you can prove liability. These include:

• The Condition of the Property: The most critical factor in proving liability is the condition of the property where the accident occurred. Did the property owner fail to address a known hazard, or was the hazard there for an unreasonable amount of time? For example, if a store employee spilled liquid and didn’t clean it up or place a warning sign, the store may be liable for the accident.
• The Length of Time the Hazard Was Present: How long the hazard existed can be a crucial element. If a dangerous condition existed for a long period, and the property owner had plenty of time to address it, you may have a stronger case. Conversely, if the hazardous condition appeared just moments before the accident, it might be more difficult to prove that the property owner was negligent.
• Knowledge of the Hazard: The property owner must have known or should have known about the dangerous condition. This can be proven by showing that the hazard was visible or present for an extended period. If a property owner was aware of the problem but failed to take action, they may be held liable for negligence.
• Your Own Actions: Your actions during the accident also play a role in determining liability. If you were acting recklessly or not paying attention, this could impact your case. For instance, if you were texting while walking and didn’t notice the hazard, the property owner may argue that you contributed to the fall. This is where comparative negligence comes into play—if you are partially responsible, your compensation may be reduced.

Gathering Evidence to Prove Liability

The success of your slip and fall case largely depends on the strength of the evidence you present. Here are several types of evidence that can support your claim:

• Photographs and Videos: Take pictures of the scene where the accident occurred as soon as possible, ideally right after the fall. This includes pictures of the hazardous condition, surrounding areas, and any warning signs (or lack thereof). Video footage from security cameras can also be crucial in showing how long the hazard was present and whether the property owner was aware of it.
• Witness Testimony: If there were witnesses to the accident, their testimony can be invaluable. They can provide a firsthand account of the hazard and how it contributed to the fall. Witnesses may also testify about the conditions leading up to the accident, such as seeing the property owner neglecting to clean up a spill.
• Maintenance Records: If the hazard was something that should have been repaired or cleaned regularly (e.g., wet floors, broken stairs), maintenance records can provide evidence that the property owner failed to uphold their duty to maintain the property. These records can show whether the property owner was negligent in addressing known issues.
• Medical Records: Your medical records are crucial in proving the extent of your injuries and the link between the accident and your damages. They should document the nature of the injuries sustained, the treatment you received, and how the injuries have affected your life. These records can help establish causation and demonstrate the severity of your injuries.

Defenses to a Slip and Fall Case

In slip and fall cases, property owners or their insurance companies often raise various defenses in an attempt to avoid liability for the injury. These defenses are meant to argue that the property owner should not be held responsible for the accident. Some of the most common defenses that may be raised include:

• Lack of Knowledge: One of the primary defenses property owners might use is claiming that they had no knowledge of the hazardous condition that caused the fall. The property owner may argue that they couldn’t have reasonably known about the hazard in the first place, thus making it impossible for them to address or fix the issue before the accident occurred. In these cases, they may assert that they maintained their property properly and followed all safety protocols.
• Comparative Negligence: Another potential defense is based on the concept of comparative negligence. In this situation, the property owner may argue that the injured party was partially responsible for the accident. For example, if the victim wasn’t paying attention, was distracted, or ignored safety warnings, the defendant might claim that the individual contributed to their own injuries. Under comparative negligence laws, the compensation the injured party can recover may be reduced based on their percentage of fault in the incident.
• Open and Obvious Hazard: In some slip and fall cases, the defense may argue that the hazard was open and obvious, meaning it was clearly visible and easily avoidable. The property owner might claim that the injured party should have noticed the hazard and taken appropriate precautions. In this defense, they assert that the victim is responsible for not being aware of the dangerous condition, and thus the property owner should not be held liable for the accident.

A Slip and Fall Attorney Dedicated to Your Case

Proving liability in a slip and fall case can be complex, but it is essential for securing the compensation you deserve. By gathering evidence, demonstrating that the property owner was negligent, and showing that your injuries were directly caused by the hazard, you can build a strong case. However, it’s important to keep in mind that every slip and fall case is unique, and having an experienced personal injury lawyer on your side can make all the difference in the outcome.

Slip and fall accidents can result in serious injuries, but you don’t have to deal with the consequences alone. If you’ve been injured in a slip and fall accident, Porta-Clark & Ward  are ready to hold negligent property owners accountable for your injuries. Call (412) 921-7350 today to speak with a skilled Green Tree slip and fall attorney and learn how we can help.