By Studies show that over 8.5 million people suffer injuries associated with slip and falls. Further, 35,000 people due to impact from fall-related injuries. A broad range of fall accidents in the workplace is covered by the Worker’s Compensation Insurance. And that means an injured worker doesn’t have to prove someone was responsible for the accident to get compensated. But do you know what to do if you slip and fall in a store where you don’t work?
Before you get a dime from the property owner’s insurer, you must prove that the store owner was responsible for the accident that resulted in your injuries.
Proving Negligence
To establish the property owner’s liability and get compensated, you will need to prove four critical elements of negligence. These include:
Duty of care
You must prove beyond any reasonable doubt that the store owner, employee, or their agent owed you a duty of care. The person was charged with the responsibility of preventing harm to other people entering the store. For example, it’s the property owner’s responsibility to ensure that the floors and stairways are properly maintained.
Breach of duty of care
The store owner breached the duty of care because they failed to take the right precautions to prevent slip and fall accidents. For example, a store owner may be aware of a missing stairway handrail, and a customer accidentally fell and got injured. It is evident that the store owner failed to take any action that a reasonable property owner, employee, or agent would have in the same situation.
The cause concept
The victim of a slip and fall accident must prove that the store owner’s breach of duty of care is directly related to the injuries you suffered. Indeed, the store owner’s actions and choices must be the direct cause of the fall accident responsible for your injuries.
The damages
As a claimant, you must have injuries that can be proved. Besides, you must have medical records, proof of healthcare bills, and other documents to prove that the injuries you suffered are tied to monetary costs.
Sometimes, the property owner may not be the only person responsible for the accident. There could be other parties who could be legally held liable for the slip and fall accident. These parties include employees of the store owner, the property management company, a contractor working in the store, a tenant who has leased or subleased the property, and more. The fact that someone else could be responsible for your injuries further complicates the process of proving negligence
Wrap up
The entire process of proving negligence and convincing the insurance companies or jury that someone was responsible for your injuries isn’t easy. You need someone who understands the personal injury law perfectly and is ready to defend your rights. This is the primary reason you need to seek legal help.
