When you’re out running errands, it’s crucial to acknowledge that accidents can happen anywhere and at any time. A slip-and-fall incident is one common type of accident that can happen in public spaces and lead to serious injuries.
You should know that every business owner has the fiduciary responsibility to keep their establishment safe. Therefore, you may be entitled to personal injury compensation if you sustain injuries due to their negligence. Understanding the dynamics of slip-and-fall accidents can help you pursue legal action if the need arises.
What constitutes an actionable slip-and-fall accident?
In the realm of slip-and-fall accidents, establishing duty is paramount. Duty refers to the property owner’s responsibility to prevent harm to individuals present on their premises. Take the example of a store owner; they owe a fiduciary duty of reasonable care to help ensure your and other shoppers’ safety. This duty entails foreseeing potential hazards and taking proactive measures to mitigate risks.
The second critical element is breach—when the property owner doesn’t uphold their duty by neglecting to maintain a safe environment. This breach could manifest in various ways, such as:
- Inadequate signage
- Slippery surfaces
- Poorly maintained walkways
Causation delves into the cause-and-effect relationship between the establishment owner’s breach of duty and the injuries you sustained in a slip-and-fall accident at their establishment. It’s crucial to establish that the injuries directly resulted from the property owner’s negligence, excluding other potential causes. This can strengthen your case for slip-and-fall accidents, placing the responsibility squarely on the property owner’s shoulders.
The final element, damages, serves as the tangible evidence of your injuries. Medical bills and other documented proof of injury play a crucial role in establishing the extent of harm suffered. In negligence cases, especially in premises liability, medical expenses stand as a common and robust method for substantiating damages.
In the aftermath of a slip-and-fall incident, seeking legal counsel can make a difference. A legal team can guide you through the complexities of establishing negligence and pursuing rightful compensation.