Slips & Falls

When Can You File A Claim For A Slip And Fall Accident?

It’s rare that slip and fall accidents are unavoidable. However, when it is known there are dangerous conditions on the premises and the property owner fails to put up proper signage, resolve the situation, and take the proper measures to keep reasonably safe conditions, you may be able to file a slip and fall claim. In order for your slip and fall claim to be successful, you must be able to prove that the defendant was negligent and did not take reasonable measures to maintain a safe environment.

Elements Of Negligence

• Duty: Property owners have a duty to take reasonable care to maintain their property and warn of unsafe conditions.
• Breach: This is when the defendant failed to meet their duty of care – they were negligent.
• Causation: It is because of the defendant’s negligence that you slipped and fell and were injured.
• Damages: You were injured as a result of negligence. 

Factors Involved In Slip And Fall Claims

Since slip and fall accidents can happen without the property owner being responsible or as a result of their negligence, it can be challenging to prove when they should have known about the conditions that could cause such an accident. Even when property owners do exercise reasonable care, slips and falls can still happen. Additionally, sometimes people can miss warning signs and fail to use reasonable care themselves in order to avoid slipping and falling.

Factors that are considered in determining whether or not you can file a slip and fall claim include:

• How long the hazardous condition existed
• Whether or not there was good reason for that condition to exist
• If there were signs warning of unsafe conditions
• Lack of proper lighting illuminating potentially unsafe conditions
• Whether or not the property owner had a regular routine to inspect for unsafe conditions

If you’ve been involved in a slip and fall accident, you’ll want to take pictures of the scene and your injuries, seek out medical attention, gather contact information of the property owner and any witnesses, avoid making statements to insurance companies as these can be used against you, and contact an attorney. Retaining legal representation after a slip and fall accident is a must if you want to receive the compensation you deserve.