Did you know that according to the Centers for Disease Control and Prevention, falling sideways is the cause of more than 95% of hip fractures?
Young and old have slipped and fallen at some point in their life. Most of the time, neglecting to pay attention to your surroundings causes these falls. But, sometimes negligence on someone else’s property causes these accidents.
We all know accidents happen. But, when they occur on another person’s property, and you can prove negligence on their part, you may have a valid slip and fall injury claim. You may also have entitlement to compensation for loss of earnings, medical bills, and even pain and suffering.
If you injure yourself in a slip and fall on someone else’s property, it might be a good idea to contact a slip and fall lawyer. Let’s read more about it below.
Proving Negligence
Any property owner is expected to maintain their property in a safe manner, and to adequately repair any unsafe conditions promptly.
To prove negligence or liability, a dangerous and/or hazardous condition must exist that caused injuries to you. Here are some examples of negligent conditions.
• slippery and wet floors with no warning signage
• loose steps and handrailing
• lighting problems
• potholes on sidewalks
• ice and snow
• strewn debris
• uneven and damaged floors
• broken and damaged machinery; the list goes on and on.
While you may be sure that your slip and fall injury is entirely the fault of the property owner, to claim compensation, you will have to show definite evidence. Let’s look at what you need to prove your claim.
• The owner knew of the unsafe condition but neglected to fix it
• The property owner failed to take precautions against dangerous or hazardous conditions
• The owner caused harmful or dangerous conditions
Precise timing can be helpful in slip and fall cases. If a dangerous condition has been present for some time, you may have a claim if no one has taken the time to fix the hazardous problem.
Evidence in Slip and Fall Injury Cases
In order to sustain a slip and fall claim, you must have evidence of negligence by the property owner, and proof of your injuries and financial losses. Some of the evidence you will need to gather includes:
• Accident reports
• Medical records
• Medical bills
• Loss of earnings proof
• Statements of witnesses
• Footage from security cameras, if available
• Photographs of the area that caused the injuries
It is better to have prepared and rather have an overabundance of paperwork than not have enough evidence for your claim to be successful.
Did the Property Owner Have Notice?
Various sources can cause slip and fall accidents, from icy walkways to lose flooring. Still, the way we handle these accidents depends on whether the property owner has been notified of such condition.
For slip and fall accidents, the property owner’s notices are divided into two types – actual and constructive.
Actual Notices
Actual notices are relatively simple, in that the property owner must be directly aware of the harmful area, either by noticing it firsthand or by being advised of the condition by someone else.
Constructive Notices
Constructive notice differs significantly since there is no necessity that the property owner must have already known about the dangerous conditions.
If a property owner knows of a dangerous condition and cannot fix it immediately, they must warn people of that danger. An example is wet and slippery floors; you need the required caution signage warning of the risks thereof.
In an accident, notice is one of the most challenging things to prove.
Proving You Were Not the Cause of the Accident
Property owners are rarely held liable for slip and falls if the injury is caused by clear and blatant dangerous conditions that you should have noticed yourself.
When you encounter a large pothole on the sidewalk, you expect pedestrians to take care to avoid the hole on the ground.
If you have suffered some level of personal liability for your injuries, that could limit your ability to pursue a personal injury claim. For example, in the above case scenario, say you were texting or not paying attention where you were walking, it may prove that you are legally liable for your own injuries.
Don’t Trip and Fall in Your Claim Process
If you have suffered minor injuries, it may be that you will be able to handle your claim on your own. However, when you’ve suffered enormously due to a slip and fall injury, liability is disputed, or you have a complicated case, it is essential that a slip and fall lawyer gets involved in getting the full value of your claim.
A lawyer has access to evidence that you may not be able to get, such as using subpoenas to supply copies of any incident reports and video footage. A qualified injury lawyer will aggressively protect your legal rights and ensure that the other side is not unjustly taking advantage of you.
If you or a loved one has been injured in an accident on someone else’s property and requires the services of an experienced slip and fall attorney in Miami Beach, contact one of our expert lawyers.
Our team can assist you in collecting and preserving evidence to substantiate or justify your legal claim. We will examine all the circumstances to understand your potential claim, give you sound legal advice, and help you get the best outcome. Check out our page for our contact details and to schedule a free consultation!