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Proving Negligence In A Slip And Fall Case

Proving Negligence In A Slip And Fall Case

Slip and fall is a term used in a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as premises liability claims. It’s difficult to prove who’s at fault in a slip and fall accident. Thousands of people each year in the United States are injured from slipping and falling on dangerous conditions like wet floors, uneven pavement, and down unstable or unsafe stairs. However, it can become quite difficult for a victim of a slip and fall accident to be able to prove that the owner of the property they fell at is at fault, or liable, for their injuries. Property owners can deny responsibility, blaming victims for their own injuries or claim that the injuries were there prior to the accident.

The Steps To Proving Negligence In A Slip And Fall Case

Proving Negligence In A Slip And Fall CaseAs a victim of a slip and fall accident, it is your job to take the necessary steps to prove negligence on the property owner’s behalf. This can include anything from physical evidence such as photographs or medical documentation to eye witness statements about the accident. Negligence is defined as the failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. Using this definition, we can divide the concept of negligence into three parts- duty of care, breach of duty, and causation. 

Duty of care is another person’s legal obligation to not injure another person or place them in harm’s way. This includes store owners and managers, who have a duty of care to their employees to create a safe work environment, and to their customers to ensure that they have a safe shopping experience. It is their job to make sure that spills are cleaned up, railings are fixed and broken floor tiles are replaced. They should also consider weather conditions, for wet shoes can make floors wet and slippery. Rugs placed in front of the doorways to catch water on shoes is an example of following safety precautions.

When a store owner has noticed a broken handrailing that has been there for months without fixing it and somebody gets injured in a slip and fall accident due to the broken railing, this can be considered as a breach of duty. Whether intentional or not, the store owner had a duty to their customers to keep that railing properly maintained and they failed to do so. 

Once it has been proven that the defendant in a slip and fall case had a duty of care to the plaintiff and that the duty was breached, the next part of negligence is to prove that the plaintiff’s slip and fall injuries were caused by the fall due to the negligence of the defendant. The store owner in the example above could try to claim that the victim was being too rough on the railing, causing it to break. 

Take Lots Of Pictures, And Keep Documenting

A victim of a slip and fall accident should provide as much evidence as they possibly can in order to try to prove negligence. Like in other personal injury cases, the evidence in a slip and fall case can be used to prove who is at fault and how the victim got injured. A knowledgeable slip and fall attorney in Florida can help you get the evidence that you can’t provide yourself like security footage and police statements.

Write down the names and contact information of anyone who may have witnessed your accident. If statements are needed later on in your case, this information is valuable to give to your attorney or an officer. Witnesses can be called upon to testify on your behalf about your slip and fall accident from their point of view and recall any dangerous situations that were present at the time of the incident.

With today’s technology, it is easier than ever to snap a photo or two and then keep going on with our day. Taking pictures of your injuries from the accident, the clothing you wore the day of your slip and fall accident, and the area around you is a key element to being able to prove negligence in your case. Pictures of the area around you are necessary because the spill that caused you to fall can be cleaned up after the accident occurred. A store owner or property manager can try to deny liability, claiming that your fall was due to wearing improper clothing or slippery shoes. Having photos of your clothing can help debunk this claim and further prove their negligence.

Always seek medical attention after a slip and fall accident, even though you may not think you’ve been injured. Sometimes injuries from a slip and fall can take a few hours up to a few days to surface. Make sure that you keep the receipts and diagnosis documents from your visit, along with any other important medical documents to prove that you’ve been seen by a doctor for your injuries. Another way to document your injuries is to keep a daily journal of how your injuries are healing or if any others have surfaced that may have been caused by your accident.

Working With A Slip And Fall Attorney In Florida

At Sheftall Law, our compassionate team of slip and fall accident attorneys understands how stressful it is to fall and seriously injure yourself, especially if it’s on someone else’s property. These accidents can be serious or deadly. With decades of combined experience, we have the legal knowledge necessary to take care of your needs and rights in these trying times and we will stand by your side until you receive the compensation you deserve. If you or a loved one has been seriously injured in a slip and fall accident in Florida, please contact a slip and fall accident attorney at Sheftall Law at (904) 569-6025 today or visit to explore the legal options that are available to you.