If you or somebody you love sustained an injury in a slip and fall accident caused by the negligence of a property owner or operator, you should be able to recover compensation for your injury expenses. However, it is not always easy to prove fault in these cases. At Colucci, Colucci & Marcus, P.C., our Boston trip and fall accident attorneys want to discuss how these cases are proven.
Slip And Fall Incidents Can Be Difficult To Prove
The keys to a successful slip and fall accident case are:
- Determining all liable parties
- Figuring out whether any liable party was negligent
Property owners generally owe a duty of care to those who have a right to be on their property. For example, bank owners have an obligation to keep customers safe from known hazards when they are on the premises. Private residence owners must keep those they invite over safe from known hazards.
When a duty of care has been established, it needs to be proven that the property owner breached their duty of care and that the breach led to actual injuries and damages to another person. The most complicated part of this is proving negligence. You need to show that:
- The property owner should have recognized the dangerous condition, should have removed or repair the hazard, and failed to do so.
- The property owner actually caused the hazardous condition leading to the slip and fall incident and that it was reasonably foreseeable that a slip and fall incident would occur.
Some of the most common causes of slip and fall incidents include:
- Spills or leaks not properly or promptly cleaned
- Not placing a “wet floor” sign up after mopping
- Uneven walking surfaces
- Inadequate lighting in walking areas
- Loose flooring materials or loose carpeting
- Low-lying obstacles on the floor
Proving You Did Not Cause The Accident
In these cases, the property owner or their insurance carrier could argue that the victim was partially or completely responsible for the accident that caused their injuries. They could say that the victim was engaging in an activity that prevented them from noticing any hazard (talking or texting on the phone).
The more blame that a property owner can place on the victim, the less they will payout in a settlement. Under comparative negligence laws, an injury victim’s damage awards will be reduced by the percentage of fault they shared for the incident. For example, if a jury awards $10,000 in damages but also finds that the victim was 10% responsible for the incident, only $9,000 will be paid out in damages.
We Are Able To Handle Slip And Fall Cases
If you or somebody you care about has been injured in a slip and fall accident that was caused by the negligent actions of a property owner or operator, contact Colucci, Colucci & Marcus, P.C. today. We will investigate what happened and work to secure any compensation you may be entitled to. This can include:
- Slip and fall incident-related medical expenses
- Lost wages and benefits if you cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against the property owner or operator