Knowing how to prove negligence in a slip-and-fall case in California can make you likelier to recover the full extent of your losses after getting injured. You must demonstrate the four elements of negligence with clear and convincing evidence for your slip and fall case to be successful. These elements include duty of care, breach of duty, causation, and damages incurred.
Personal injury lawyers for slip and fall accidents are experienced in proving negligence and maximizing compensation for victims of slip and fall accidents. Call Kuvara Law Firm at 1-800-4-INJURY to schedule a free consultation with one of our seasoned lawyers if you were injured in a slip and fall incident.
What Are the Key Elements Required to Prove Negligence in a Slip and Fall Case?
Proving negligence in a slip and fall case can be quite challenging, as the property owner may shift blame and refuse to admit liability for the injuries sustained. You must show that the property owner had a duty to keep the property safe and that he or she failed to fix hazards and maintain the property. You have to further strengthen your case by showing how the fall caused your injuries and financial losses.
The key elements required to prove negligence in a slip and fall case include:
Duty of Care
Before filing a lawsuit, your lawyer should have enough evidence outlining the connection between the property owner and his or her obligation to maintain a safe environment for the users. Premises liability laws in California require all property owners to maintain a safe place for tenants, invitees, and authorized personnel.
They are required to perform regular inspections of their property and take care of hazards as soon as possible. The duty of care may vary depending on the use of the property. It may also vary based on ownership – whether the property is privately owned or owed by the government. The law also requires property owners whose property attracts minors to heighten security and prevent them from accessing the hazard.
The Breach of Duty
This element requires you to prove that the property owner failed to maintain a safe environment, and that’s why you slipped, fell, and got injured. You must prove that the property owner was aware of the slip and fall risks, and failed to take action on time or warn users. If the fall was as a result of multiple risks, you should prove the correlation between the hazards. For example, the floor could be uneven, that area was poorly lit, and these two hazards contributed to your fall.
Causation
This third element involves proving that your injuries and losses resulted from the defendant’s breach of duty. In other words, you would not have sustained an injury if the defendant honored his or her duty of care.
Damages
A slip and fall lawsuit can only be successful if you can show that you suffered damages from the accident. Your lawyer should provide evidence showing the injuries sustained and all expenses incurred. Your lawyer can also include other financial and non-financial losses you suffered, like loss of income and pain and suffering.
Common Evidence Used to Support a Slip and Fall Claim
A slip and fall injury may be more dangerous than you think, but you have the right to file a slip and fall lawsuit if the accident occurred because of the property owner’s negligence. The most common pieces of evidence that your lawyer can use to increase your chances of winning the case include:
Testimonies From Eyewitnesses and Expert Witnesses
An eyewitness can give detailed accounts of what transpired before and during the accident. Eyewitness testimonies provide personalized evidence that’s relatable and persuasive. Expert witnesses provide their professional opinion. For example, a doctor can be used as an expert witness to validate your injuries and interpret medical jargon or procedures. Your lawyer can use building code professionals to explain how the property owner negligence contributed to the accident.
Photos and Surveillance Camera Footage
Surveillance cameras can be a great source of evidence. They give unbiased evidence of how you slipped and the condition of the property when the accident happened. Photos and videos are also a great source of evidence as they capture the hazardous condition of the premise. The photos taken should include the floor, spills if any, and the weather conditions. Injury photos, such as cuts and fractures, are also a great source of evidence. Such photos show how serious the accident was and the impact it had on your body.
Property Maintenance Records
Obtaining these records is crucial, especially if the accident happened because of poorly maintained floors or rails. These records will show whether the property owner was conducting regular inspections and adhering to the recommended maintenance schedules. Your lawyer should obtain these logs as soon as possible to prevent malicious property owners from tampering with the evidence.
Medical Records and Accident Reports
These are some of the records that your lawyer should keep tabs on, as they are necessary when filing a claim. Your lawyer can obtain an accident report from the property owner, manager, or business’s supervisor, depending on where the accident happened. A typical accident report includes details like the time, location, cause, and personal injuries sustained from the fall.
Medical records provide evidence that the injuries sustained are from the accident, while medical bills include all the expenses you incurred while treating your injuries. Medical records also show the treatment received and determine if you will need future medical attention, such as physical therapy.
Weather Reports
A weather report is necessary, especially if the weather condition contributed to the accident. Most local weather reports provide invaluable details, such as the weather conditions at the time. For example, precipitation could have caused wet floors, increasing the chances of one slipping and falling.
The weather report also includes the amount of snowfall or rainfall, which can help experts determine whether it accelerated the hazardous nature of the property’s surfaces. In instances where the weather report showed there was fog, your lawyer could use that as proof that the accident happened because of poor visibility, and you couldn’t see hazards on the ground like water puddles or ice patches. The lawyer could further argue that the property owner should have taken reasonable steps to clear the ice patches or water puddles near the premises to prevent slip-and-fall accidents.
Previously Reported Complaints
This evidence is necessary as it shows the judge that the property owner was aware of the hazardous conditions and failed to address the problem in time. Previously reported complaints that you can use include poorly lit rooms and corridors, slippery and wet surfaces, uneven surfaces, lack of proper signage, unattended debris and obstacles on the walkways, faulty stairs, and broken handrails reports. The report should be accurately dated and must include whether corrective action was taken.
Personal Testimony
You can increase the strength of your case by testifying on what happened before, during, and after the accident. Making a personal testimony shows the court how you sustained injuries and how these injuries have negatively impacted your health.
Your testimony alongside those of eyewitnesses and expert witnesses can provide the court with a clear picture of what happened. Such testimonies can maximize your chances of winning the case and obtaining the highest possible compensation.
How a Personal Injury Attorney Can Strengthen Your Case
Around 20% of slips and falls result in severe injuries like head trauma and fractures. Such injuries require costly medical treatment. Fortunately, an experienced lawyer can determine if you have a winning slip and fall claim and guide you on recovering maximum compensation. Your personal injury attorney can help you in the following ways:
Conduct Thorough Investigations
The probability of you failing to gather the necessary evidence is high because you’re not familiar with the legal system. Your lawyer, on the other hand, has extensive experience in investigating personal injury cases and knows where to look for evidence.
The lawyer will interrogate witnesses, consult an accident reconstruction expert, gather medical reports, and review surveillance footage on your behalf. He or she will then study your circumstances and identify the key argument points that will strengthen your case. Thorough investigations give your lawyer a solid foundation of your case, and this increases your chances of winning.
Negotiate With Insurance Companies
Personal injury cases typically require you to interact with insurance companies, as most properties are insured. Insurance companies are known to deny liability, and if they accept it, they often minimize their payouts. Slip and fall lawyers understand common tactics used by these insurance companies and will be ready to counter them.
Your lawyer will calculate the true value of your claim, ensuring both financial and non-financial losses are included. These losses include current and future medical expenses, loss of income, and pain and suffering. They will use these calculations when negotiating with the insurance company. This allows you to receive a fair compensation for the injuries sustained.
Prepare for Trial
Not all insurance negotiations go as planned, and you might need to file a lawsuit. A personal injury attorney comes in handy as he or she understands all courtroom procedures and is familiar with the local judges and juries. The lawyer will prepare witnesses, file the required paperwork within the stipulated timeline, and represent you during all the hearings.
Provide Invaluable Emotional Support
Sustaining personal injuries can affect your everyday life and cause emotional turmoil. An empathetic premises liability lawyer will handle all the legal aspects so you can focus on your recovery. The lawyer will also offer guidance and reassure you during your most difficult times.
You have the right to sue the property owner if you slipped and got injured due to hazardous conditions within the property. However, you have to prove that the property owner was aware of the hazards and failed to warn users in advance or repair the problem. At Kuvara Law Firm, we are ready to guide you through the case and ensure you get fair compensation. Contact us today to schedule a free consultation.
