What do I Have to Prove in a Slip and Fall Case?

If you’ve suffered injuries from a slip and fall accident on another individual’s property, it’s not enough to simply prove that an accident took place. You must successfully argue that the accident and your injuries were caused by a dangerous condition that the property owner was aware of and was negligent in repairing the condition. In this blog, we share what you need to prove when pursuing a slip and fall case.

Negligence and Liability

Slip and fall cases generally hinge on whether or not it can be determined that the property owner acted in a way that a reasonable owner would under the same circumstances. Was there poor visibility in the location of where the accident occurred? Was there a dangerous condition that the property manager or owner was aware of? Was there sufficient time to take care of the property’s condition beforehand? There are a number of property regulations and guidelines owners and managers are required to follow to prevent accidents from happening – you’ll want to have a dedicated attorney on your side who is thorough in their investigation of determining negligence.

How can comparative fault affect my case?

You can expect that the property owner will try to argue that you are partly responsible for the accident and your injuries. Under a rule referred to as “comparative fault,” the settlement you receive for your slip and fall claim can be reduced by the percentage you’re found at fault. For example, if the total amount of a settlement is $1,000 and you’re found 5% liable, the settlement will be reduced to its respective percentage. Because comparative fault can drastically impact the course of your case, you want to make sure your personal injury attorney is diligent in building the strongest case possible to show that the property owner is completely liable for your injuries.

The Long Island personal injury attorneys at Laurence A. Silverman, Esq. have 40 years of legal experience in handling cases throughout Suffolk and Nassau County. When clients come to our firm, they can trust that we leave no stone unturned in their case to successfully hold the responsible parties accountable.

Call us today at (631) 529-6701 or contact us online to schedule a free case evaluation.