The Standards of Negligence in a Slip and Fall Accident Case
The negligence standards in a slip and fall accident case can also be called the legal principles governing negligence.
The different states have different standards.
However, the universal standard applied in every state is that
One who fails to exercise due care shall be found to be contributorily negligent
The Elements Of Negligence
In a slip and fall accident, there are elements of negligence: duty, breach of duty, and damages. An accident can happen at any time, anywhere. Slip and fall sound like a minor accident case.
But this small accident can cost a person’s life. If you go through the accident case study, you will see most of the accident cases take place in the house stairs and parking lot.
A plaintiff must show all types of the defendant owed a duty of care, that the defendant breached that duty, and that the plaintiff suffered injuries due to that breach.
1. Negligence
Negligence is the failure to exercise the level of care that a reasonable individual would have exercised in a similar situation. In other words, negligence is an act or omission that violates the standard of care that one also expects from everyone else in similar circumstances.
Any negligence car accident case example is a clear indication of the bad conditions of the place and other liable injury reasons. The negligent party can be liable for an injury resulting from a slip-and-fall accident if it is proven that:
- The negligent party was aware of a dangerous condition at the time of its occurrence
- The negligent party had an opportunity to eliminate or control the hazardous situation.
- The negligent party failed to stop or prevent the dangerous condition
2. Duty Of Care
A duty of care exists when someone with the power to control another person’s actions is legally bound to take reasonable steps to protect that person from harm.
For example, in a slip and fall accident case, the defendant must take precautions to ensure that the plaintiff is not injured by something on their property.
3. Breach Of Duty Of Care
In a slip and fall case, the duty of care refers to a party’s responsibility to keep its premises safe for others. If a party breaches this duty, it can be held liable for any injuries on the property. The accident case is the outcome of a breached duty of care.
A party has breached its duty of care when it fails to take reasonable steps to prevent harm from occurring. This includes failing to maintain or repair any dangerous condition on the property or failing to warn people about any dangerous situation on the property.
4. Proximate Cause
The proximate cause of a slip and fall accident is the person who causes the injury. In other words, it is the reason why your injury happened. For example, if you were injured in a slip and fall accident because of negligence by another party, you would have to prove that this person’s negligence was a direct cause of your injuries.
A typical example of proximate cause is when someone trips over something on their way to work and falls downstairs because they were distracted by their cell phone. The cell phone distraction caused them to trip over their own feet and fall down the stairs, causing them to sustain injuries.
A slip and fall type accident case can be a complex legal matter that requires expert testimony from doctors, lawyers, and others involved in the case to determine liability for damages caused by another party’s negligence.
5. Damages
Damage to you or your property can vary in a slip and fall accident. However, in most cases, you will be able to recover your damages by filing a lawsuit against the party responsible for your injuries.
Suppose you did suffer injuries due to someone else’s negligence. In that case, you may be able to sue them for compensation and other expenses associated with your accident cases, such as medical bills and lost wages due to injury and accident cases, during recovery time from an accident or surgery after an accident happens.
You should consult an experienced slip and fall lawyer near me to help you file a lawsuit in such cases.
Conclusion
If you were injured in a fall in a retail store and think the other party did something to contribute to the cause of your injuries, you should probably speak with an experienced attorney about your accident case.
The standards for proving someone is liable for your damages are higher in more complex cases.
Still, it is also up to the lawyer to raise any defenses against these allegations.
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