What You Need to Prove in a Slip and Fall Case
Slip and fall accidents happen all the time and often result in serious injuries. Property owners have a legal obligation to ensure that their property is safe for guests and visitors. When they fail in that obligation, they may be held responsible for the injuries that result. However, you need to prove your case, even if you don’t want to go to court. If you’ve been injured on another person’s property, a Raleigh personal injury lawyer can help you prove your case so that you can get the compensation you need.
An Existing Hazard Caused Your Slip and Fall
This may seem obvious, but in order to prevail in a slip and fall claim, you need to prove that a hazard existed on the property that caused your injuries. Simply tripping, slipping, or falling is not enough. For example, falling on a staircase that was in good repair is probably not sufficient. Here are some common property conditions that may be considered hazards:
- Broken pavement
- Torn or loose carpeting
- Loose or missing handrails on stairways
- Inadequate lighting
- Wet or slippery flooring
- Icy parking lots and sidewalks
- Trash or debris allowed to accumulate on the floors
It isn’t always easy to determine whether or not a property condition was, in fact, hazardous. An experienced Raleigh personal injury lawyer can review the facts of your case and determine whether you have a claim.
The Property Owner Was Negligent
The next thing you need to prove is that the property owner failed to meet their legal obligation to ensure that their property was safe for guests and visitors. Generally speaking, this requires proving that they knew or should have known that the hazard existed on their property. For example:
- The property owner failed to regularly inspect the property for potential hazards.
- The property owner did not provide adequate supervision or management of the property.
- The property owner knows that the floors will become dirty or slippery from time to time but fails to have an adequate plan to clean.
If the property owner knew about the condition, they are legally obligated to either make the necessary repairs or post some kind of warning such as a “wet floor” sign. That said, the property owner would not be considered negligent if they were aware of the hazard and did not have time to address it or if they made a reasonable effort to do so.
Identifying negligence requires knowledge of the law and the ability to identify the pertinent facts. A Raleigh personal injury lawyer will be able to review your case and determine whether the property owner was negligent.
The Hazard Caused Your Injuries
Again, this may seem obvious, but you will have to prove that the hazardous condition on the property caused your injuries. The property owner may try to claim that you had a pre-existing injury, or that you weren’t actually injured at all. A Raleigh personal injury lawyer can help you prove the connection between the hazard and your injuries so that you can get compensation for the following:
- Your medical expenses
- Your lost income
- Your pain and suffering
Call a Raleigh Slip and Fall Injury Lawyer at Martin & Jones Today
At Martin & Jones, we have decades of experience in holding negligent property owners accountable. If you’ve been injured on someone else’s property and don’t know what to do, we can help you understand your options. Call us at 800-662-1234 or contact us online to schedule a free consultation to discuss your case and how we can help.Share This
The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.