Elements of a Slip and Fall
If you are seeking compensation for an injury you sustained from a slip and fall accident, you will need to successfully prove all the legal elements exist. Here is what you need to know about the elements of a slip and fall to make a valid claim.
Elements of a Slip and Fall | Duty of Care
To have a valid slip and fall claim, you must be able to prove that all of the legal elements existed. This isn’t always easy in a slip and fall. If you’re hurt because of one, you should call a Phoenix slip and fall lawyer. They can help you determine if your claim meets the elements. If it does, they can help you learn more about your legal rights.
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.
Elements of a Slip and Fall | Proper Notice
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.
Elements of a Slip and Fall | 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.
Elements of a Slip and Fall | Damages
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.
If you need help proving the elements of a slip and fall claim, please contact our experienced Phoenix slip and fall lawyers today to set up a free consultation.