With winter weather on the way, your chance of being injured in a slip-and-fall accident increases. Slip-and-fall accidents occur due to hazardous conditions such as icy, cracked or bumpy roads.
Slip and fall accidents are common. According to the National Flooring Safety Institute, approximately 8 million people receive emergency treatment every year after suffering a slip and accident.
Your injuries after a slip and fall accident could be serious, involving broken bones, head or back injuries. You could receive compensation through a personal injury claim, but you will have to prove negligence.
A property owner’s duty
Proving negligence requires showing that the person who owned the property had a duty to keep it safe and hazard-free. All property owners have a duty to keep their property safe, but simply showing someone owns the property your accident occurred on is not enough.
You also need to show that the property owner had control over the area and that they knew about the dangerous condition and did not take steps to fix it. This shows their duty was breached.
Establishing cause
You must show that your injury was directly caused by their failing in their legal duty. This can be more complicated than it sounds.
The property owner might argue that something you did directly caused the injury.
For example, if you slipped and fell on ice, the property owner could assert that you were wearing improper shoes. The owner might say your shoes were the direct cause of your fall, not their failure to remedy the icy conditions.
Proving damages
Finally, you must prove your damages. After your accident, keep all your medical records and take pictures of your injuries.
If you decide to file a claim after a slip and fall accident, a personal injury attorney can evaluate your situation and help you develop a strategy to prove negligence.