Building a Strong Case: How to Prove a Slip and Fall Incident

If you have been unfortunate enough to suffer a severe injury because of a wet floor, rotted staircase, or other hazard on another person’s property, it might seem clear that the property owner is responsible for your injuries. Unfortunately, while most people may agree with you, proving liability is more difficult than it seems. Here’s a closer look at building a strong case: how to prove a slip and fall incident.

Slip and fall accidents can lead to life-altering injuries. If you’ve been hurt in a slip and fall because someone else was negligent, you deserve financial support — and an experienced personal injury lawyer may be able to help you get it.

What Makes Slip and Fall Incidents Challenging to Prove?

Many people mistakenly think that if you walk into a store, slip, and twist your ankle, you can walk away with a six-figure settlement. However, that’s far from the way things actually work. Proving a slip and fall case can be a challenge for a number of reasons:

  • Unless there is a video, it can be difficult to prove the incident happened as you claim.
  • You must prove that you suffered serious injuries.
  • Proving that your medical issues were not pre-existing can be difficult.
  • Your lawyer must be able to prove that you were not responsible for the accident.
  • Proving the liable party’s negligence is often complex.

This is why having a skilled attorney is so important. An attorney experienced with slip and fall cases will be able to put together a strong argument — and that can greatly increase your chances of a favorable outcome.

Establishing Negligence

In many slip and fall incidents, proving that you were injured is not difficult. However, proving negligence on the part of the property owner or manager can be. To establish that the property owner was negligent, your lawyer must be able to prove the following:

  • The liable party had a duty of care to you.
  • They violated that duty of care.
  • As a direct result of that violation, you suffered injuries.
  • You have damages to collect as a result of those injuries.

Here’s a closer look at what each element means in the context of a slip and fall case.

The Liable Party Had a Duty of Care

When someone has a duty of care to you, they have an obligation to act in a way that avoids causing harm. For example, if you are a customer visiting a grocery store, the store owner has a duty to make sure the store is free of safety hazards.

They Violated That Duty of Care

Violating a duty of care (called “breach of duty” in a legal context) happens when someone fails to meet the obligation of a duty of care. If you walk into the grocery store and there is a wet floor in a poorly lit aisle, the store owner or manager has allowed a dangerous condition — and has, therefore, violated the duty of care.

If you’ve suffered an injury because someone failed to maintain safe premises, call the Leverty & Associates team in Reno at (775) 322-6636 for a free consultation.

You Suffered Injuries as a Result

People violate duties of care every day, but if you’re making a legal case for negligence, you must be able to prove that the liable party’s failure to meet their duty of care directly caused your injuries. In the example above, you would have a reasonable case if you fell on the wet floor and suffered an injury. Had the property owner cleaned up the spill or even put out a “wet floor” sign, you may not have been injured.

You Have Damages to Collect

This means your injuries caused measurable losses. For example, if you slipped on the wet floor and broke your hip, you would have major medical bills and, therefore, have clear damages to collect. If you slipped and got only a small bruise on your knee, you would not.

What if You Were Partly at Fault?

What happens if you can establish that a property owner was negligent, but you were negligent to some extent as well? Thanks to Nevada’s modified comparative negligence laws, you can still recover compensation as long as you were less than 51% at fault. If you were partially responsible for your injuries, any compensation you receive will be reduced by your portion of fault.

What Evidence Should You Have to Prove a Slip and Fall?

If you consult with a personal injury lawyer and they take your case, they will immediately start to assemble evidence to support the other party’s negligence. These are some of the most common pieces of evidence.

Your Incident Report

Most businesses and other organizations require employees to fill out an incident report form if someone is hurt on the premises. A copy of this report will likely be important to your case.

Photos or Surveillance Footage of the Incident Scene

Video footage is ideal because it can prove the accident actually happened. Even if there is no video footage, photos clearly showing the hazard can be useful.

Statements From Witnesses

Witness statements can be very effective when it comes to corroborating your version of events. Your attorney will likely seek out anyone who may have witnessed your slip and fall.

Inspection/Maintenance Records

If a property owner or manager has a history of poor maintenance or failed inspections, that might support your argument that they were negligent.

Have You Been Hurt in a Slip and Fall Accident?

Let Us Put Our Experience to Work for You

Proving a slip and fall case can be difficult, and having the right attorney may make the difference between receiving a fair settlement and walking away with nothing. At Leverty & Associates, we have more than 50 years of combined experience helping secure justice for injured people like you. Because we can understand and anticipate the tactics insurance companies often use, we’re prepared to craft a strong argument for your case.

If you’ve suffered major injuries because someone else was negligent, don’t wait — call Leverty & Associates at (775) 322-6636 to set up a free, no-obligation consultation.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

Archives