man falling

What to Prove in a Slip & Fall Claim

If you suffered an injury in a slip-and-fall accident because of a dangerous condition on public or private property, you may hold the property owner or manager liable for the losses you suffered. However, you must prove that the at-fault party’s negligence either caused or contributed to the slip-and-fall accident. 

The following are the four elements an injured party must prove to file a slip-and-fall claim: 

  1. Duty – Property owners and managers have a duty to ensure the premises are safe for any visitors, which also means conducting regular inspections and maintenance, as well as repairing hazardous conditions or displaying warning signs. 

  1. Notice – The owner or manager must have known or should have known about the potential for danger on the premises. An expert witness is often called to explain the inspection, maintenance, and preventative procedures used for preventing slip-and-fall accidents. If an owner or manager fails to take these measures, such actions demonstrate negligence, which can contribute to the slip-and-fall accident. 

  1. Dangerous condition – A hazardous condition existed at the time of the accident. The injured party must provide evidence that the owner’s or manager’s negligence in failing to maintain the property must be directly related to the underlying accident and injury. The dangerous condition should have been repaired or visitors should have been warned. Common slip-and-fall hazards include wet or slippery surfaces, loose mats and rugs, weather conditions, clutter, poor lighting, and floor irregularities. 

  1. Damages – The injured party must have suffered damages as a result of the slip and fall injury. Common damages include past and future medical expenses, lost wages, loss of earning capacity, as well as pain and suffering. 

However, it is not uncommon for the property owner to claim that the visitor is at fault for his/her own injury and is not afraid to take the case to court. The best way to prove your claim is by hiring an experienced personal injury attorney to investigate the accident, collect and analyze evidence, and maximize your entitled compensation. 

If you have been injured in a slip-and-fall accident in Elk Grove, CA, call Samra Dhillon & Associates at (916) 571-1550 or fill out our online contact form today to request a free case evaluation. Serving clients in Greater Sacramento and Bay Area!