Some people believe that any slip-and-fall incident in a public location warrants a lawsuit. However, for injured people to hold a business accountable, the situation has to meet certain standards.
Generally speaking, the person who fell needs to prove they sustained financial losses, such as property damage expenses, medical bills and lost wages. Additionally, they typically need to show that negligence on the part of the property owner or business caused the incident in which they sustained their injury. Proof of negligence is, therefore, critical in a slip-and-fall or premises liability lawsuit.
How do people prove negligence?
Negligence involves failing to fulfill a duty of care or engaging in obviously unsafe behavior. Property and business owners generally have a duty to customers and members of the public to maintain relatively safe facilities.
To do so, they need to retain adequate staff and address hazards as they develop. Leaving power cords exposed in store aisles could constitute negligence, as a reasonable person could recognize that as a tripping hazard. Failing to repair a leaking roof or clean up spills are both negligent choices, as most people understand that fluid and small objects on the floor can cause people to slip and fall.
Provided that other reasonable adults can readily identify the issue that caused the incident, the injured party may have grounds for a premises liability lawsuit. People who slip and fall may want to take a moment to document the dangerous circumstances that caused the incident before leaving the store to seek medical care. They may also need to discuss what happened with an attorney.
Reviewing the circumstances surrounding a slip and fall incident with a skilled legal team can help injured people determine if they are in strong position to file a premises liability lawsuit.