According to the National Floor Safety Institute, falls send more than 8 million Americans to the Emergency Room every year. In fact, falls are the single most common cause of ER visits in the United States (21.3% of all emergency department visits). Slip and fall victims can fortunately recover fair compensation for their injuries. But to do so, they’ll have to prove that a property owner was liable for their accident and injuries.

How to Prove Liability for a Slip and Fall Accident

“Liability” is a legal term that means a party was responsible for an accident or injury. Liable parties in slip and fall cases are typically the owner of the property where the accident victim fell. Victims can establish liability by showing that a property owner was “negligent,” or that it failed to act with reasonable care under the circumstances.

Claimants have to successfully prove four elements to show that a property owner was negligent. These are:

1. The property owner (or their agent or employee) had a duty of care to avoid causing harm to others,
2. The property owner breached their duty by doing something wrong or failing to do what any reasonable owner, agent, or employee would do in the same circumstances,
3. The property owner’s breach of their duty of care was the proximate cause of injuries, and
4. The claimant has provable injuries, supported by medical bills and records, and other documentation of expenses.

In the context of a slip and fall, injury victims can typically show these elements by proving that a property owner knew (or should have known) of a hazardous condition on its property but failed to fix it or make it safe.

Evidence Showing Negligence and Injuries

People injured in a slip and fall will have to rely on certain pieces of evidence to succeed in a negligence claim. Common evidence used to prove negligence includes:

• Photos,
• Witness statements,
• Incident reports,
• Surveillance video, and
• Weather reports showing snowy, icy, or wet conditions.

Injury victims will also have to rely on evidence to show that they were truly hurt or damaged in a slip and fall event. Common evidence includes:

• Medical reports and records,
• Photos of injuries,
• A victim’s clothing,
• Statements from doctors or other health care providers,
• Employment wage records (to prove lost wages),
• Receipts for any repairs to property that was damaged in the slip and fall, and
• Journal entries (to help show one’s pain and suffering).

Compensation for Losses

If a claimant can show proper evidence of negligence and injuries, then he/she can file a personal injury claim and/or lawsuit to recover compensation for any losses incurred. Compensation in a slip and fall case may include payment for:

• Medical expenses,
• Lost wages,
• Future lost earning capacity,
• Property damage (e.g., broken watches, cell phones, jewelry, etc.),
• Out of pocket expenses, and
• Pain and suffering.

Time Limit to Settle or File a Claim

In the State of Washington, an injury victim typically has three years to have their claim settled or have a lawsuit filed.  If the victim fails to settle or file a lawsuit within that time, the victim loses any right to seek compensation for their injuries.  Therefore, it is important to contact an attorney as soon as possible if you believe you have a case.

Contact Douglas P. Levinson Today

If you or a loved one was injured in a slip and fall, please know that the law offices of Douglas P. Levinson is here to help. I have been helping injury victims and families receive fair compensation for their personal injury accidents for over 20 years. Let me help you make informed choices about your legal issues so that you can focus on your health and healing.

I am experienced in all aspects of civil disputes and injury claims, and I personally handle or oversee every aspect of your case. Let me shoulder your burden until we achieve a fair and just result for your case. Contact me now for the quality legal help you deserve.