Proving Fault in a Slip and Fall Accident

One of the most common types of accidents in the United States are slip and fall accidents. Unfortunately, thousands of people are injured every year due to a preventable slip and fall accident. From slipping or tripping on a wet floor, falling on defective stairs, or tumbling to the ground because of an unkempt part of the ground, there are many different scenarios that can result in serious injuries – or worse. When property owners – both residential and business – do not take the proper steps to ensure their space is adequately maintained and safe, there is a greater chance of someone slipping and falling and becoming injured. Sure, accidents happen, but when the accident occurred as a result of something – or someone – outside of your control, that person may be held liable. However, one of the most difficult components of a slip and fall lawsuit is proving liability. In order to win a personal injury claim of this nature, you must be able to prove that someone else is liable for the injuries you sustained.

Before we dive deeper into what needs to happen in order to show fault in a slip and fall case, let’s go over the two most important questions when it comes to liability:

• Who is potentially liable or responsible for the accident?
• Were those parties actually negligent?

In order to proceed with a slip and fall lawsuit, you must be able to clearly answer both of the above questions. Slip and fall cases can be complicated, as these types of accidents often take place because of the injured person’s own carelessness. However, if the accident occurred due to another party’s negligence or outright disregard for another’s safety and well-being, they may be held liable in a slip and fall lawsuit.

Understanding the Elements of a Slip and Fall Claim

There are several important elements of any slip and fall claim that must be considered before moving forward:

• The slip and fall accident occurred on the property in question
• The property owner had a duty to protect the injured person from harm
• The property owner did not adequately maintain their property
• The property owner allowed a dangerous condition to exist
• The injured person suffered serious injuries or damages as a result of a property owner’s negligence

With that in mind, successful slip and fall lawsuits must be able to prove that another party was responsible for injuries suffered in a slip and fall accident. A couple things to consider when trying to prove responsibility include:

• The property owner should have recognized a dangerous condition and taken the proper steps to repair its danger and protect visitors from becoming injured
• The property owner caused a dangerous condition, leading to a slip and fall accident

As you can see, these types of personal injury claims can be complicated. In order to prove a slip and fall accident in Dallas, it is imperative that you understand what is at stake and what needs to happen in order to show liability. To learn more about slip and fall lawsuits in Dallas, please contact Rad Law Firm today.