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What You Have to Prove to Win a Slip and Fall Case

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What You Have to Prove to Win a Slip and Fall Case

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Although many accidents happen that are no one’s fault, if you’ve experienced a slip or fall that another party is responsible for, it may be wise to consider taking legal action. Slip and fall cases can be complicated, so it’s important to know what you have to prove to win a slip and fall case.

Below, you’ll find out more about the kinds of evidence you need to provide to prove liability in any slip and fall case.

Understanding Negligence and Liability

If you’ve been injured in a slip and fall scenario and are considering enlisting the help of a lawyer, there are three questions you need to ask yourself. First, who is potentially liable? Second, was this party negligent? And finally, was I in any way responsible for my injury?

Another party can be considered negligent if they either caused the slip or fall, or failed to prevent it. However, it’s quite possible that if you identify someone as negligent, they will make the claim that your carelessness caused the accident. Before deciding that you definitely have a case, consider your own role in the accident and whether you could be considered at fault.

Proving Liability in Slip and Fall Claims

To hold an outside party responsible for your slip and fall injury, you will need to prove that the property owner or employee should have noticed the dangerous condition and removed or repaired it, but failed to do so.

Ask yourself whether a reasonable person would have considered the condition hazardous and also whether the responsible party had sufficient time and opportunity to fix the problem prior to your accident.

You can also ask yourself whether the property owner or employee caused the conditions that resulted in your slip or fall. If they did and it was clear that someone could trip and fall because of these conditions, you may have a strong case.

How to Prove Negligence and Liability

In order to be considered negligent, a property owner or their employee must have failed to act in ways that a reasonable person would act in a similar scenario. To assess this, you can ask yourself the following questions:

• Was there sufficient time for the property owner or employee to remedy the dangerous condition?
• Did the property owner conduct frequent safety inspections of the property to ensure that it was free of hazards? If they did, check logs and records to see if a safety inspection was conducted prior to the accident.
• If the property owner or employee created the hazard, were their actions justified prior to and at the time of your slip or fall?
• Could the dangerous conditions have been made safer by relocating the hazard, properly marking it with warning signs, or removing access to the area?
• Were there factors like poor lighting or reduced visibility that caused the slip or fall?

Showing the Accident Was Not Your Fault

It is not uncommon for property owners or their insurance carriers to argue that the injured party was fully or partially responsible for their slip or fall. The concept of “contributory negligence” can reduce the plaintiff’s compensation if they are to blame for some or all of the accident.

In some situations, the injured party’s damages will be reduced by the percentage they are liable for. For example, if your settlement is determined at $10,000 and you are found 25% responsible, you would receive $7,500.

When considering whether you are responsible for your injuries, you can also consider whether you were participating in distracting activities like using a cell phone at the time of your accident. For example, if you failed to notice a hazard because you were texting, it could be argued that someone not engaged in this distracting activity would have noticed it.

If you entered the location where your accident occurred unlawfully, this could also be a problem. Finally, if you ignored warning signs or other possible safety measures, you could be found responsible. If your carelessness is found to be a cause of the accident, it will be difficult to win your case.

Working with a Lawyer

Because slip and fall cases can be complicated, it can be helpful to speak with a lawyer to determine whether you have a case and whether a lawyer would improve your chances of receiving the compensation you deserve. Most consultations are free and can help you better understand your rights.

Book a free consultation with slip and fall lawyer to better understand your rights.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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