Nobody wants to deal with a slip and fall accident, especially if you were seriously injured as a result. Falls, trips, and slips happen on a daily basis, and sometimes they can lead to broken bones, concussions, spinal injuries, and worse. However, not all slip and fall incidents are simple accidents. If someone, usually a property owner or manager, was negligent in caring for their property, their carelessness could have caused your accident. In order to determine whether you have a slip and fall case, find out what key components need to be present for your claim to be valid.
Proving Duty of Care
In any personal injury case, you must be able to prove that the liable party was responsible for keeping the injured person reasonably safe. When it comes to slip and fall cases, this usually has to do with premises liability. Property owners and managers are responsible for maintaining a safe environment for their guests and visitors. If a store owner allows people into her store, she should be able to provide them with a safe experience. Likewise, a private property owner should maintain his land so that any guests are not injured while on the premises. If the injured person is an intruder, this might make proving duty of care difficult.
Was Anyone Negligent?
Some accidents are simply that—accidents. In order for a slip and fall injury to qualify as a legal claim, the injured person must be able to prove that the property owner or manager was negligent or made some type of error. For example, if the property owner failed to perform routine maintenance or knowingly left a hazard exposed, they could be found liable for their carelessness.
Did the Property Owner Have Notice?
Property owners are not expected to know about every potential danger the moment it becomes a threat. However, they are expected to show a reasonable amount of care for their property. Property owners must address any issues they have notice of in a timely fashion, or they could be held responsible for any resulting damage. If, for example, a store owner sees a paint spill in an aisle, he must mark the area and clean it up immediately before someone is injured. If he fails to do so and lets the danger remain there and a customer slips and injures herself, the property owner could be liable because he had notice of the danger. On the other hand, if the woman spilled the paint herself and slipped without the property owner’s knowledge, he might not be liable because he had no notice of the danger.
Evidence of Damage
Simply put, there can be no personal injury claim if there was no injury. Unless the injured party can prove that he or she suffered some type of damage because of the negligent party’s actions, there can be no slip and fall case. In most slip and fall cases, the damage includes broken bones, severe bruising, head injuries, and spinal injuries. If you were injured in a fall, you must be able to prove that your injuries coincide with the circumstances of the incident.
If you or someone you love was injured in a slip and fall accident, our firm is here to help. Contact Samster Konkel & Safran, S.C. today to discuss your case with our Milwaukee personal injury attorneys.