Necessary Elements to Prove in a Slip and Fall Case
May 22, 2019
Slip and Fall Accidents
A slip and fall accident can have very painful and injurious consequences. Although many people slip and fall by their own natural human error, there are many instance where the slip and fall was due to someone else’s negligence such as improper maintenance of their premises. In order to win a slip and fall case, there are multiple necessary elements involved to prove negligence from another party and get the compensation you need. We go over these elements below.
First of all, in order to even have a slip and fall case, you must be able to find the actual property own where you had your accident. You cannot sue or have a case without targeting the proper negligent party. Luckily, this is usually an easy fact to find out. It is important to note that there are instances in which the property owner is not the negligent party but instead was a hired or trespassing party that was responsible for the conditions that led to your slip and fall.
Duty to the Slip and Fall Victim
It is important to know who is responsible for managing the property by law. The property owner may the one who has this responsibility or it may be someone they hired or contracted to maintain the property for them. Whoever is responsible has a duty of care placed upon them. If they choose to have visitors on their property or if they make it too easily accessible for children or innocent parties, they must properly maintain the premises to keep conditions safe. If they don’t and something happens, they are considered negligent and can thus be sued.
Potential for Danger Was Known and Apparent
The dangerous scenario that led to your slip and fall must be not only something that the property owner should have been aware of, but also something that you can prove in court. If you don’t have pictures, maintenance records, diagrams, testimony, or other evidence to prove there was actually a dangerous circumstance on a property, you won’t be able to win your case. There are cases where a property owner would have had no way to know about a dangerous circumstance or a freak accident occurs. In these instance, it is hard to win and prove negligence.
Damages Relevant to the Case
The final important piece for a slip and fall case is that you actually have damages relevant to the case. If you did not have a serious injury and just got some light scrapes and bruises, this is not a grounds to sue. And even if you were seriously injured from a slip and fall, you must have evidence to prove that the injuries are related to the accident and dangerous circumstances. Without proof of causation, you do not have a case.
Contact a Erie Personal Injury Lawyer to Discuss Your Slip and Fall Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a slip and fall in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Purchase, George & Murphey, P.C. represent clients injured because of slip and falls in Erie, Millcreek, Harborcreek, Fairview and throughout Pennsylvania. Call (814) 273-2010 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2525 W 26th St, Erie, PA 16506, as well as offices in Meadville and North East.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.