If you have been injured in a slip-and-fall accident, it is important to know your legal rights. In this blog post, our team at Poindexter Law Firm will discuss the four elements of a slip and fall personal injury claim. We are a full-service law firm located in Burkesville, KY and we can help you get the compensation you deserve for your slip and fall case. If you are looking for a qualified lawyer to help you with your case, look no further than Poindexter Law Firm! Learn more about the elements of a slip and fall case below and get in touch with us today to schedule a consultation.
4 Elements of a Slip and Fall Personal Injury Claim
A Hazard Existed on the Property
In order for a property owner to be held liable for your injuries, you must first prove that a hazard existed on their property. This can be done by showing that the property owner knew or should have known about the hazard and failed to take action to fix it. Some common examples of hazards that can cause slip and fall accidents include wet floors, uneven sidewalks, and loose carpeting.
Typically, a court will examine industry standards to determine whether the property owner acted reasonably in addressing the hazard. For example, most businesses are required to have a “wet floor” sign when mopping their floors. If you slip and fall on a wet floor that does not have a sign, the business will likely be held liable for your injuries.
The Victim Was Allowed on the Property
In order for a property owner to be held liable for your injuries, you must also prove that you were allowed on their property. This means that you were either invited or given permission to be on the property. For example, if you are injured in a slip-and-fall accident at a grocery store, it is assumed that you were allowed on the property because you are a customer. However, if you are injured in a slip and fall accident at a construction site, it is less likely that you were allowed on the property because it is not open to the public. If you were not supposed to be on the property, it will be difficult to hold the property owner liable for your injuries.
The Victim Was Injured by the Hazard
After you have proven that a hazard existed on the property and that you were allowed on the property, you must then show that you were actually directly injured by the hazard. This means that you will need to have medical documentation of your injuries. Without this documentation, it will be difficult to prove that your injuries were caused by the property owner’s negligence. After you seek medical care for the injury, your doctor will be able to provide you with documentation of the injury which can be used as evidence in your case.
The Victim Suffered Damages Due to the Owner's Negligence
Finally, you must show that you suffered damages as a result of the property owner’s negligence. These damages can include medical bills, lost wages, pain and suffering, and more. If you can prove all of these elements, then you may be able to recover compensation for your slip and fall accident.
If you have been injured in a slip and fall accident, our team at Poindexter Law Firm is here to help! We have years of experience helping clients recover compensation for their injuries and we will fight to get you the maximum recovery possible. Contact us today in Burkesville, KY to schedule a consultation. We look forward to speaking with you!