Were you injured after falling on someone else’s property? You may be wondering if you are eligible to seek compensation. The 4 elements of a successful slip and fall claim are:
- Duty of Care
- Proper Notice
- Existence of a Dangerous Condition
To learn more about your legal rights, contact a Phoenix slip and fall lawyer today.
Elements of a Successful Slip and Fall Claim | Duty of Care
The first element is duty. The other party must have a duty toward you to maintain the property in a way that keeps people from harm. The other party must also have owned, controlled, or operated the premises where the slip and fall happened. It’s important to note that the other party is only required to take reasonable measures to keep the property safe.
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The second element is notice. The other party knew or should have known that the hazard existed and that it could cause an injury. This is one of the most important elements. It can require the Phoenix slip and fall lawyer to call upon expert witnesses to discuss safety, inspection, maintenance, and prevention strategies. Your lawyer must be able to prove that the other party deviated from reasonable standards that contributed to the creation of the hazard.
Sometimes, it is proven that the other party knew about the hazard and ignored it. There are times where the property owner knows about the hazard but says that they didn’t. There are also times where the property owner knows and just doesn’t bother to inform others that the hazard exists. For example, you’ve seen a wet floor sign in a grocery store. It could be that they mopped up a carton of broken eggs. Maybe an employee was simply cleaning the floor. The warning sign serves as a form of notice that the floor is wet and could be hazardous.
Existence of a Dangerous Condition
The third element is that a dangerous condition existed. Although you were hurt, your Phoenix slip and fall lawyer must still prove that there was a dangerous condition. The lawyer must also prove that the other party knew or should have known about the condition. A common defense to this particular element is that the plaintiff in the case did not use the premises in the way in which it was intended or expected.
The fourth and final element is damages. You must be able to prove that you suffered injuries as a result of the slip and fall. This isn’t always easy to prove. It is important that you get immediate medical care if you’re involved in this sort of accident. Records of your treatment must show that your injuries were, indeed, caused by the accident. If you’re claiming lost wages, you must also be able to prove that your time lost from work was caused by your injuries from the accident.
Contact a Phoenix Slip and Fall Lawyer Today
An experienced Phoenix slip and fall lawyer will be able to collect the necessary evidence to prove the 4 elements of a successful slip and fall claim. We can help you obtain the full compensation you deserve for your injuries. Contact our office today to schedule a free consultation.
Out of Town Legal Resources
I talked to a couple the other day who had questions about their daughters slip and fall claim in Texas. We practice in Arizona, but we found these personal injury attorneys in Texas that provide a lot of really helpful online educational resources. If you have questions about personal injury claims in Texas, look at these personal injury attorneys in McAllen, TX.