Behind The Scenes Of A Slip And Fall Case: Investigating Liability And Proving Negligence


We’ve all probably had many slip-and-fall accidents that result in our own embarrassment and perhaps a slightly bruised ego.

A misjudged step or taking a harmless but clumsy spill while scrolling through our socials when we should be looking where we’re walking are common events.

However, it’s much different when we take a hard fall, one that shouldn’t have occurred, one that was of no fault of our own.

If this has happened to you, you could be confused as to what your next step should be.

The Challenges Of A Slip And Fall Case

No matter how cut and dry a slip-and-fall case may seem, they’ll all have hurdles and obstacles to overcome.

The Challenges Of A Slip And Fall Case

This is especially true when facing a team of executive lawyers from a big corporation who will take all legal steps to bully you into stepping down or accepting a subpar settlement offer.

The same could be said if you’re dealing with a homeowner’s insurance company’s claim adjuster.

No matter who the defendant is, seeking accountability, justice, and compensation will require the expertise that only a personal injury lawyer can provide.

What You’ll Need To Prove

Unfortunately, you can’t just have a slip-and-fall incident and magically have your damages compensated.

Even the most obvious case of premises liability negligence won’t result in compensation without first proving a few important factors.

To file a successful personal injury claim, you and your lawyer will need to prove the following:

  • The owner of the property had a duty of care to provide a safe and hazard-free environment
  • The property owner breached this duty of care
  • Their lack of duty of care caused the accident and you were injured
  • Your injuries have caused damages

While you as the accident victim may feel as if the above are obvious, you still have the burden of proving them.

It could be challenging to provide proof that the property owner knew of the hazard and didn’t take the time to correct the situation. Your personal injury attorney has the savvy to do so.

How To Prove Negligence

Victims of a painful fall in the NYC metropolitan area can contact a Long Island Personal Injury Lawyer who, during a free consultation, can determine the best way to move forward.

However, one of the most important things is to demonstrate negligence, and that is done with proof.

To prove that your injuries were a direct result of the property owner’s negligence, you’ll need to provide clear and irrefutable evidence of negligence, your injuries, and what damages your injuries have caused.

This can be done by gathering the following types of evidence:

  • Accident or incident reports
  • Eyewitness statements
  • Photos of your injuries
  • Photos of the scene of the accident
  • Surveillance camera footage
  • Medical bills
  • Paystubs
  • Receipts for all out-of-pocket expenses related to your injury

Your personal injury attorney will do a full investigation of the accident to further strengthen your case.

Worthy Reading:  Which Marketing Strategy Is Most Effective?

Proving that the property owner was aware of the hazards but hesitated in eliminating them can help enhance your claims.

Damages That Can Be Claimed In A Slip and Fall Accident

Damages That Can Be Claimed In A Slip and Fall Accident

Injuries from a slip-and-fall incident can sometimes be quite severe depending on the circumstances.

While you’ll obviously want to recover damages for quantifiable financial hardships like medical bills and lost wages, there are some damages that may not be as obvious.

Personal injury claims can have both economic and non-economic damages. Your legal team can help to ensure that all of your damages are compensated.

Examples of economic damages for a slip and fall accident can include:

  • Past, current, and expected medical expenses
  • Past, current, and expected loss of income and benefits
  • If unable to perform normal household tasks, the costs of housekeeping and lawn care services can be sought after
  • Transportation expenses to and from medical appointments

Examples of non-economic damages can include:

  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Scarring and disfigurement
  • Loss of consortium

The defendant’s legal team may push back against non-economic damages as they can be difficult to prove and quantify.

However, an experienced personal injury attorney will have the savvy to ensure that you’re compensated for all of your damages.

Slip And Fall Liability And Negligence: The Bottom Line

Consult with a personal injury attorney after a slip-and-fall accident to ensure that you don’t leave any money on the table.

Negotiating with a defendant’s lawyer or insurance company should only be attempted by an experienced legal professional.

A slip and fall incident that was caused by property owner negligence that has left you with injuries and damages falls under the umbrella of a personal injury claim.

While some may feel as if obtaining a settlement offer is easy, it’s not always the case. When offered a quick settlement amount simply signing on the dotted line isn’t always the best thing to do.

Related Posts