Slip, trip and fall accidents happen all too often. Why? Because property owners or managers fail to check for hazards that can lead to slip and fall accidents. Or, equipment fails and it is never repaired or replaced, resulting in this kind of accident. Either way, if you are injured in a slip and fall accident, it’s important to take note of what happened, seek medical care, and speak to a personal injury attorney about what happened. You don’t want to wait too long and miss out on the statute of limitations or else your claim will be tossed by the court. Today, we will discuss the items needed to prove a slip and fall case so you aren’t faced with any surprises along the way.
The Duty of Care
The first element needed in order to prove and win a slip and fall case is the duty of care. This is also known as liability. Every person in the world has some form of duty of care when it comes to interacting with another person. This means that they have a responsibility not to harm anyone else them come in contact with in life. You will need to prove in court that the defendant in the case had a duty of care in protecting you from injury and that they failed to provide that duty of care, meaning they were negligent in their actions that led to your injuries.
As mentioned briefly above, there needs to be negligence present in the slip and fall case in order for you to be successful in your claim. Proving negligence can be difficult if there isn’t a lot of evidence present. For the most part, however, you need to show that the defendant acted in a negligent manner. Basically, he or she failed to act prudently to prevent your injuries. One such example is if the hazard was present long enough that the defendant would have reasonably discovered it and been able to fix it before an injury occurred. If the defendant failed to do so, it means that they acted negligently.
The Responsibility or Fault of the Defendant
The third element you need to prove in a slip and fall accident case is the responsibility, or fault, of the defendant named in the case. This is without a doubt the most difficult element of a slip and fall case to prove. You need to be able to show the court that the defendant knew or should have known of the dangerous condition and was the direct cause of the accident that led to your injuries. Did the plaintiff (you) behave appropriately when on the property of where you were injured? If not, the court might find that the defendant was not a direct cause of the accident that left you injured.
Proving all three aspects of a slip and fall case can be very difficult. It’s best that you consult a personal injury attorney if ever injured in such a case. You will want to provide as much evidence as possible that shows the owner of the property or the management team somehow caused the accident that led to your injuries.
Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Slip and Fall Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a slip and fall accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Goodrich & Geist represent clients injured because of premises liability accidents in Pittsburgh and all of the Western Pennsylvania counties. Call 412-766-1455 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3634 California Avenue, Pittsburgh, PA 15212.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.