Slip and fall cases are a lot like winning lottery tickets. If you talk to any experienced personal injury attorney, they will tell you that winning one is not easy. Even if a case seems simple enough to win, the other party may have an equally good chance at getting out of it unscathed—particularly if what happened was their fault as well.
Read on to understand the criteria that will be required if you are going to have a chance to win this claim.
What is a Slip and Fall Injury Claim?
A slip and fall injury claim is when someone claims the negligence of another party for causing them to unexpectedly slip and fall causing them injury. A slip can happen even in a cleanroom.
Any substance on the floor or even an accumulation of a variety of substances can cause dangerous conditions because you never know what else is on the floor where it might be difficult to see.
Different types of injuries can lead to your injury claim: a broken bone, back pain, head trauma, or even mental health conditions like depression or post-traumatic stress disorder.
What Must Be Proven For A Slip And Fall Injury Claim?
The Party at Fault Owed You a Duty of Care
Most slip and fall claims occur when someone has had some type of property that they were responsible for, not kept safe, clean, or free from a hazardous condition and someone was injured as a result. However, to make such a claim, you have to prove that the party who is at fault for your injury must possess a duty of care to you or others.
This means that they have a legal obligation to keep their premises safe for either other people or patrons of similar businesses. If they do not meet their legal duty, then you may have a valid claim.
The Party at Fault Breached that Duty of Care
To win a slip and fall injury claim, you must prove that the party at fault breached (in other words, failed to live up to) their duty of care towards you. Duty of care arises when someone works with a certain degree of care towards others. Duty of care is considered an absolute liability. That means that as soon as a duty of care is owed, any breach can be the cause of a lawsuit. Parties in breach of this absolute liability are liable for negligence.
Negligence means that the defendant did not use the reasonable degree of care towards the plaintiff, that a reasonably careful person in the same circumstances would have used it under similar circumstances.
If you slipped and fell in that superstore as a result of a spilt liquid on the ground, then the defendant was negligent because he breached his duty to care for your wellbeing while on his premises, by not making sure there were no spills on the ground.
You were Injured or Suffered Loss as a result of the Breach of Duty of Care
As you probably know by now, to succeed with a slip and fall injury claim you must prove that your injuries were caused by the carelessness of the superstore owner. The other party must have breached their duty of care towards you. What this means is your fall inside the superstore is the reason for the injury you have.
What Evidence Do You Need to Prove Your Slip and Fall Injury Claim?
You should start gathering proof for your slip and fall injury claim straight away with your South Carolina slip and fall lawyer and the proof you can gather assists with reinforcing your body of evidence against the careless party and augment the pay you can get. The proof you should try to gather is:
- Any correspondence between the injured party and the at-fault party.
- A written account of events by the injured party.
- The incident was captured on surveillance video.
- Photographs of the scene of the accident and its surroundings.
- Photographs of the actual injury.
- Witness names, contact information, and declarations
- Receipts or documentation of any fees incurred as a result of your injury (such as the cost of home modification, or travel expenses).
- Documents of any lost salaries as a result of your injury.
- Your injury’s medical records (such as the dates of appointments, medical certificates, and x-rays).
Severe time limits do matter in making a slip and fall injury claim, and it is best that all cases ought to be made within three years of the episode causing the injury. If you think you are qualified to make a case, you should contact a slip and fall lawyer straight away to guarantee you have not lost the opportunity to get remuneration for your injuries.