In movies and cartoons, when a character slips and falls, it’s treated as funny. That’s only because we know that no one was actually hurt. In real life, though, slip and fall accidents often end in serious injury. If that injury is a direct result of someone else’s negligence, you may be entitled to compensation.
JPP Law’s attorneys in Wilkes-Barre, PA, and surrounding areas have the knowledge and experience needed to help you get the justice you deserve. We know what it takes to win a case, and we’re happy to put our expertise to work for you.
To receive compensation, what must you prove in a slip and fall accident? Below, we’ll discuss three key ingredients that go into a strong slip and fall personal injury claim. If you think you have a case that you want to pursue, don’t hesitate. Call JPP Law today.
The 3 Most Important Factors in a Slip and Fall Lawsuit
1. Liability
The first thing that needs to be considered when pursuing a slip and fall injury claim is liability. In other words, who is responsible for the circumstances that lead to your injury? Usually, the buck stops at the property owners, but managers may also be held liable in their employ. Ultimately, these people have a duty to ensure that their property conditions don’t pose a danger to others.
Sometimes, a defendant in a personal injury case will claim that you, the plaintiff, are partially to blame for the accident. This is known as “comparative negligence,” and it has the potential to reduce the amount of compensation you’re entitled to significantly. Examples of things you may have done that could establish comparative negligence include trespassing, not paying attention to warning signs, or actively disobeying established safety guidelines.
2. Negligence
Proving that the defendant is indeed the party responsible for people’s safety on a piece of property is only the beginning. Next, you have to prove that the defendant’s negligence led to the hazardous conditions that caused the accident. In other words, you must show that the person responsible acted irresponsibly and that this irresponsibility directly led to the accident.
A manager or property owner may be found negligent if they fail to conform to safety regulations, fail to repair or remove potential hazards or fail to provide adequate warning about the existence of such hazards. For example, if a wet floor isn’t cleaned up promptly and no caution sign is present, that could qualify as negligence. If a staircase or elevated walkways lacks handrails at all, that could qualify as negligence. In such cases, injuries could have easily been prevented and should have been.
3. Damages
The final thing a plaintiff needs to prove when pursuing a slip and fall injury claim is damages. That is, you have to be able to prove that an accident caused you demonstrable suffering, as well as vice versa: the accident indeed caused that said suffering. Simply put, can you show that you were genuinely hurt? If so, can you then show that the incident in question caused you to be hurt?
The most obvious example of damages is, of course, physical injury. Proving that a specific accident caused an injury can get tricky as there is a significant period between the incident’s occurrence and the injury’s diagnosis. Injuries aren’t the only kind of damages, though. Damages can also come in financial losses, such as the cost of medical bills or lost wages due to missing work. Again, you must be able to prove that these losses are a direct result of the accident.
JPP Law’s Personal Injury Lawyers in NEPA Can Help
Dealing with the aftermath of a slip and fall injury is difficult. Often, it is both stressful and painful. You shouldn’t have to go through it alone. That’s where JPP Law comes in. We have the best personal injury lawyers in Scranton, PA, and surrounding areas. If you’ve been hurt due to someone else’s negligence, JPP Law can help you prove it.
Contact us today for more information.
