Determining Negligence In A Slip And Fall Claim

Posted on: 20 January 2015

If you have been injured because you fell on a slippery floor in a grocery store, you may be entitled for compensation as a result of those injuries. Many times a fall can bring on injuries that can keep you out of work for a long period of time, and that can be frustrating when the injury is a result of someone else's negligence. You would have to prove that the store was at fault for your fall, but if you can, you may be able to collect compensation while you're out of work and trying to get yourself healthy again. This article will explain the different ways you'll need to prove the store was liable for your fall.

Preventing the Accident

The first thing you'll need to look at when proving fault in a slip and fall accident is determining whether or not the store owner, or the employees, could have somehow prevented the accident to begin with. For example, did you fall because a piece of carpeting or flooring was ripped and caused your foot to catch the broken piece? Or perhaps you fell on a spilled substance. The reason for your fall is important, because the property owner needs to exercise reasonable care when it comes to maintaining their property.

Proving Negligence

In order to prove negligence in a slip and fall case, the following must be determined:

  • That the owner or employee of the store must have caused the spill, broken or torn spot on the floor, or have caused other slippery conditions that caused the surface to be dangerous. 
  • That the owner or employee of the store must have been aware of the dangerous situation and did not take the necessary steps to repair the dangerous area. 
  • That the owner should have known the area was dangerous because of their duty of reasonable care, and therefore the dangerous area should have been discovered and immediately repaired or removed. 

Your Own Negligence

Lastly, you  must be able to prove that you were not in some way a contributor to your fall. You may have slipped on a wet floor, but if the floor was properly marked as a dangerous area, and you were talking on your cell phone and not paying attention, the store may not be held fully liable for your fall. Or, if you entered an area that was clearly marked as off limits to patrons and then became injured, the store would not be the negligent party in this matter.

Consult with an experienced personal injury attorney like Hoffman, Carlson, Lundblad, Zrimsek, Crosby & George, Attorneys At Law for more information regarding the circumstances surrounding your case to determine whether or not you could be successful in a slip and fall personal injury claim.