How Does a Slip and Fall Accident Lawyer Prove Negligence

Slip-and-fall accidents due to negligence are one of the leading causes of personal injuries in Philadelphia. 

If you or someone you know has suffered slip-and-fall injuries, a Philadelphia Slip and Fall Lawyer can help you understand the laws that may apply to your case and provide advice as to how you may be able to seek compensation for your injuries and damages.

Proving Negligence In Slip-and-Fall Accidents

Understanding how to prove negligence in slip-and-fall cases is a significant step toward justice and recovering compensation. Negligence refers to the failure to take reasonable care to avoid causing injury or loss to another person. 

Negligence requires the demonstration of four elements:

• Duty of care
• Breach of duty
• Causation, and
• Damages

Property owners and businesses owe a duty of care to people legally on their property to keep the premises in a reasonably safe condition and remedy any open and obvious dangers promptly.

Property owners and businesses can breach their duty in several ways, including:

• Leaving floors wet, icy, or waxed
• Providing Inadequate Lighting
• Not fixing sidewalk defects.
• Leaving holes in floors or pavements.
• Not posting warning signs on known hazards or construction areas.
• Spilling substances on floors
• Not fixing uneven floors
• Not repairing loose steps and handrails

To prove causation, your lawyer must demonstrate that the property owner or business’s negligence was the direct cause of your injury. The property owner may claim external factors caused your fall or you were responsible for your injuries. A qualified personal injury lawyer can help you establish the link between your injury and the property owner’s negligence

Finally, you must suffer actual harm or damages to pursue compensation for a slip-and-fall accident. You cannot file a lawsuit if your injury did not cost you in some way. Damages can be physical, such as injuries requiring medical treatment, and financial, including lost wages and medical bills. Documenting these damages through medical records, receipts, wage, and employment records helps substantiate your claim. 

A property owner or business isn’t liable every time a person slips or falls on their property. 

For a property owner or business liable for your injuries, you’ll need to prove that they breached the duty of care owed to you on their property. To do this, you’ll need to present  evidence demonstrating that:

• A hazardous condition existed on their property
• The property owner or business knew or should have known of the unsafe conditions
• The property owner or business failed to remove the hazard in a reasonable amount of time.

Gathering Evidence

Evidence plays a critical role in supporting your claim and establishing the property owner’s liability in slip-and-fall cases. 

Seek Immediate Medical Attention 

Your health and well-being should be your top priority after a slip-and-fall accident. Seeking immediate medical attention creates a record of your injuries. 

Document The Accident Scene

If possible, take photographs or videos of the accident scene. Capture hazards such as wet floors, broken stairs, or uneven surfaces. This visual evidence can help establish the property owner’s negligence. 

Gather Witness Statements

Speak to witnesses who saw your accident occur and ask them to provide statements. These statements can corroborate your version of events and strengthen your case.

Obtain Official Records

Request copies of accident reports from the property owner or business management immediately following your slip and fall incident. These reports often contain important details about the accident that can support your claim.

Obtain Security Camera Footage

If surveillance cameras monitor the accident scene, request copies of relevant footage immediately. This footage can provide evidence of the conditions leading to your fall.

Keep Track Of Expenses

Maintain records of medical bills, receipts of out-of-pocket expenses, and documentation of lost wages due to time missed from work. These financial records are crucial in assessing the accident’s impact on your life and calculating potential compensation. 

Call A Philadelphia Slip-and-Fall Accident Law Firm Today

No amount of money can undo the harm caused by a slip-and-fall accident, but filing a claim can help ensure that those responsible are held accountable. If you or a loved one have suffered injuries due to the negligence of a property owner or business in Philadelphia, The Law Offices of Greg Prosmushkin, P.C. will hold accountable the property owner or business that’s let you down. Call our personal injury lawyers today for a free consultation.