According to the Centers for Disease Control and Prevention (CDC), over one million Americans suffer a slip, trip, and/or fall injury every year. Not only are the frequency of these injuries significant, but also keep in mind that the cost of these injuries can rise in excess of $13 million per year in the U.S. Fortunately, slip and fall victims can file an injury claim to help receive compensation for their slip and fall losses. However, in order to succeed, victims will have to show that a property owner caused their injury and their resulting damages.
Proving Liability
Liability essentially means that a person or entity was responsible for causing someone else’s injury. In slip and fall cases, the liable party is typically the owner of the property upon which the injury victim slipped and fell. The injured party can prove that an owner was liable by showing that it was negligent.
“Negligence” is a legal term meaning that a person or business failed to act reasonably under the circumstances. In the context of a slip and fall, a property owner is negligent if:
- It knew, or should have known, of a dangerous condition or hazard on its property, and
- Failed to fix it or make it safe.
An injury victim can prove both of these by using any evidence regarding the slip and fall. This evidence can include:
- Surveillance videos
- Photos
- Witness statements
- Incident Reports
- A victim’s clothing
- Weather reports evidencing icy, snowy, or wet conditions
Showing Damages
Proving that a property owner helped cause an injury is typically not enough for slip and fall victims to receive compensation for their losses. They will also have to show that they suffered damages. “Damages” means that the victims suffered some type of loss, or losses, because the owner helped cause a slip and fall event.
Damages typically include:
- Medical expenses,
- Lost wages – both past and future
- Property damage (e.g., broken jewelry, watches, cell phones, etc.)
- Out of pocket expenses
- Pain and suffering
As with liability, an injury victim will have to provide evidence as to the specific damages he or she suffered. A person can usually evidence their damages via:
- Medical reports and records
- Photos of any injuries
- Statements from doctors or other medical providers
- Employment wage records (for a showing of lost wages)
- Receipts or estimates for any property damage repairs
- Personal journal entries to show the extent of one’s pain and suffering
Contact Otorowski Morrow & Golden, PLLC
People that suffer minor injuries in a slip and fall event may be able to handle a case on their own. However, the majority of injury victims will require the assistance of a skilled and experienced personal injury attorney. Proving liability in these cases can grow quite complex and you should not risk losing the compensation you deserve.
Please know that Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm have over 120 years of combined experience representing injured parties. They are tireless in their efforts and passionate in their representation. Do yourself a favor and contact them now for the quality legal assistance you deserve.