Winning Slip & Fall Cases
Perhaps the most iconic type of personal injury claim, slip and fall cases, are frequently litigated. Individuals who have never experienced a serious fall may not fully understand the potential severity of such an accident.
Every year, many people are injured from slipping on ice, stumbling over an uneven floorboard or tripping over something obstructing the path. This can happen when someone is out shopping, at work or even at another’s home. While most people are aware that they can seek compensation from a property owner or employer for their injuries, not many understand exactly how to win a slip and fall case.
Legal Elements of Slip & Fall
A slip and fall case is a simple negligence claim. This means that the plaintiff must establish:
- The property owner had a duty of care to the victim of the fall
- The property owner breached that duty of care by failing to maintain safe conditions
- Those unsafe conditions were the direct cause of the slip and fall
- The victim was injured and is entitled to damages
If each of these elements is proven by a preponderance of the evidence then a plaintiff will recover for the injuries suffered in the accident.
Duty & Breach
A property owner has a duty of care to any social or commercial guests. For example, the local corner store owes a duty of care to its customers just as a homeowner owes a duty of care to any dinner guests. Additionally, a business owner owes a duty of care to their employees. Landowners do not owe a duty of care to trespassers on the property. In slip and fall cases, the duty of care is to ensure that the ground is safe for guests to move about. This means that there is a duty to act as another reasonable landowner would in the same situation.
Causation & Damages
After proving the first two elements, the plaintiff must also prove that the breach of duty caused the injury. This can be difficult to prove if there are no witnesses to the actual fall itself. Additionally, the plaintiff must request damages for things such as medical bills, pain and suffering and any loss of income.
While slip and fall cases are common, they can quickly become complex. That is why it is important to discuss your slip and fall case with an experienced attorney capable of creating an effective cause of action. If you live in Los Angeles and have suffered a slip and fall at work or in any other capacity, the personal injury attorneys at Turchin Workers Compensation are ready to take your call at (818) 230-3110.