Proving Fault in Slip-and-Fall Accidents

A slip-and-fall accident can happen just about anywhere and at any time. The victim may suffer serious injuries as a result of the negligence of another person. According to the World Health Organization, 37.3 million people across the globe are hospitalized yearly due to a fall injury. These people most commonly experience severe bodily harm in the form of head injuries or hip fractures. The World Health Organization also reports that there are approximately 684,000 slip and fall fatalities globally each year. If you suffered injuries from a slip-and-fall accident resulting from someone else’s negligence or a hazard, learn how a Minnesota slip-and-fall accident lawyer can help.

What Is a Slip-and-Fall Accident?

Slips and falls  are among the most widely reported personal injury accidents in the United States. These types of accidents can often lead to serious injuries such as spinal cord injuries, hip fractures, soft tissue injuries, traumatic brain injury, or even death.

A slip-and-fall accident claim falls under the category of premises liability. Premises liability is a concept under the law that imposes a duty on a property owner or manager to ensure that the property is reasonably safe for visitors. This means that the owners or managers should regularly check and repair damages in their property and ensure that no evident or perceptible danger remains on their property.

For example, a restaurant owner must ensure that the premises are maintained in a reasonably safe condition at all times. If a customer or a restaurant employee falls due to a dangerous condition — such as a broken staircase, frayed carpeting, loose tile, or a poorly maintained parking lot — and suffers any kind of injury, the owner may be liable for negligence. Similarly, if an employee trips and falls due to a wet surface area in the office, the employer may be liable if proper warning signs were not present or the employer simply failed to correct the hazardous area in a timely manner.

How to Prove Fault in a Slip-and-Fall Accident

A slip-and-fall accident can occur at a shop, business, workplace, or even a friend’s home. For example, a routine visit to a shop may lead to a slip-and-fall accident if the escalators are broken, or there are dangerous conditions in the shop due to the failure to clean or repair a hazardous section of the store. In many cases, slip and fall injuries are the result of the negligence of another person or entity.

Four Factors to Prove Fault

To prove that a slip-and-fall accident was the result of another person or entity’s negligence, the following four factors must be proved:

1. There was a duty of care owed to the victim.
2. There was a breach of such duty or a failure to exercise reasonable care.
3. The injuries caused were a direct result of such negligence.
4. There are actual injuries due to the breach of the duty of care.

For example, a retail store undertaking floor polishing to renew its premises must put a clear warning sign at the area where the polishing liquid might be spilled on the floor. If a business fails to do so and, as a result, a customer slips and falls, the store owner can be held liable for any resulting injuries or losses. On the other hand, if a clear warning sign was put in place by the retail store and the customer ignored such a sign, then proving fault may become more challenging.

Challenges in Proving Fault in Slip and Fall Cases

Sometimes, even though the property owner or manager may have breached their duty to take reasonable care, proving fault might be legally challenging. They might claim that they were not aware of the danger, or the accident happened immediately after the hazardous condition occurred, leaving them with no time to correct the dangerous situation. Further, sometimes, the owner may also claim that the victim suffered injuries due to their own fault. In such cases, it becomes important to consider and evaluate the different factors involved in the injury from a legal viewpoint to prove fault in a slip-and-fall accident. Proving fault in a slip-and-fall accident can be a legally complex process.

Contact our personal injury attorneys today at Tyroler Leonard Injury Law at 651-259-1113 to help you evaluate your case.

What Kind of Compensation Can I Receive for My Slip-and-Fall Accident?

Every slip-and-fall accident will have different facts and circumstances. However, a victim of a slip-and-fall accident may have the ability to recover compensation for the following economic and non-economic losses:

• Hospital and medical bills
• Lost wages
• Future medical costs
• Loss of future earning capacity
• Pain and suffering.

Steps to Take After Your Slip and Fall Accident

If you experienced a slip and fall accident, it’s important to act in ways that protect your safety as well as cover you legally. After a slip and fall accident, consider taking the following steps immediately:

• Seek medical help and receive a medical evaluation to determine if you suffered internal bodily injuries that might not show symptoms immediately.
• Preserve all records of your hospital bills, records of time missed at work, and other injury-related expenses.
• Preserve documentation related to the accident, including the time, place, and venue of the accident, how the accident happened; take pictures if possible.
• Communicate to the premises owner or manager regarding your accident and injury in writing.
• Do not settle with your insurance company or make any statements to them without first fully evaluating and understanding all of your legal options and rights.

5 Ways Our Experienced Minnesota Personal Injury Lawyers Can Help You

Proving fault in a slip and fall accident can be complicated as it involves evaluating many factors. The evidence must be compiled to prove the negligence of the property owner or manager. If you suffered injuries due to a slip-and-fall accident, consider contacting an experienced law firm about your personal injury claim.

Tyroler Leonard Injury Law can help you prove your slip and fall through:

1. Thorough Investigation

One of the primary steps in building a strong slip-and-fall case is conducting a comprehensive investigation. Our experienced personal injury lawyers will promptly visit the accident scene to gather critical evidence, including photographs, video footage, and witness statements. This meticulous approach ensures no crucial detail is overlooked, helping establish a solid foundation for the case.

2. Establishing Negligence

To successfully prove a slip and fall case, it is essential to demonstrate that the property owner or responsible party was negligent in their duty of care. Our lawyers are well-versed in identifying instances of negligence, such as failure to address hazardous conditions, inadequate warning signs, or improper maintenance.

3. Utilizing Expert Testimony

In complex slip and fall cases, expert testimony can be instrumental in providing a professional assessment of the conditions that led to the accident. Our legal team collaborates with respected experts, such as engineers or safety specialists, who can offer authoritative opinions on the property owner’s liability. This expert testimony strengthens the case by providing an objective perspective on the accident’s causes and the property owner’s responsibilities.

4. Documenting Damages

In addition to proving liability, it is essential to demonstrate the extent of the damages suffered by the victim. Isaac Tyroler and Rachel Sperling Leonard will work diligently to compile comprehensive documentation of medical records, bills, rehabilitation costs, lost wages, and other relevant expenses. This meticulous record-keeping ensures that all economic losses are accurately represented, enabling you to seek fair compensation for your injuries.

5. Negotiation and Litigation

Once liability and damages are established, our legal team employs a strategic approach to negotiations with the opposing party or their insurance company. Our extensive experience in personal injury law allows us to pursue favorable settlements that reflect the case’s true value. If negotiations do not yield a satisfactory outcome, we are prepared to take the case to court, leveraging our litigation expertise to advocate for our clients.

Contact Us for Legal Representation Today

Tyroler Leonard Injury Law ensures clients receive the representation they need to secure just compensation for their injuries. With their commitment to excellence, Tyroler Leonard Injury Law is a steadfast ally for those seeking justice after a slip-and-fall accident. Contact us at 651-259-1113 for a free consultation.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]