What to Prove in a Slip and Fall Injury Claim to Win in Court

When you or a loved one has fallen down on someone else's property and you are trying to seek justice for this accident through the means of a lawsuit, you will have to prove your injuries to the court to win. In certain circumstances, you will have the favor of the judge and jury if specific points are proven and you have the help of lawyers in Chicago. What are these specific points to help you to win your claim?

Liability for Slip and Fall Claims

When you slip and fall on someone's property because of dangerous conditions, your lawyer will need to be able to show some proof of your injuries by:
  • The property owner or staff should have noticed the state of the area, because another reasonable individual in their place would have known about that specific area and tried to fix it or put a warning up while it was trying to be fixed.
  • The property owner did know about the dangerous condition but showed negligence and didn't make any effort to fix it in a reasonable amount of time.
  • The property owner or employees caused the dangerous, problematic area by the means of a spill, broken floor, leak or another method.
Most property owners are good about the maintenance of their properties, and that is usually the first point brought up in a slip and fall case. The first point is also hard to prove because of the words "should have noticed." It comes down to a jury deciding whether the property owner should have noticed the slippery spot that caused your fall and your injury.

Rationality for the Reasonable Person

When you present, your evidence to show how a property owner is liable for the injuries you may have sustained when you slipped and fell you will have to show how the property owner was negligent in their actions. Your lawyer will have to prove how a reasonable person would act in that same situation. To explain it plainly, a reasonable person in the law of negligence is a creation of a legal fiction. That person is an ideal focusing on how a normal person, with average judgment skills, would act in certain circumstances. Based on this information a jury would decide if the defendant had acted as a reasonable person in light of what had happened. To help your legal defense you might want to help your attorney with some of the following facts about your case.
  • Did your slip and fall accident involve tripping over something that was left on the floor that shouldn't have been there?
  • What kinds of cleaning activities did the property owner regularly do, and how often did occur?
  • If the slip and fall were caused by a leak in the roof, did the property owner allow a normal amount of time before being fixed or was it left in its condition for months?
  • Could it have been said that a reasonable person would have slipped in fell in the same situation?

Conclusion

If you want to prove your slip and fall claim and win, you need to have proof that a property owner was not reasonable within the terms of that definition. You want to have a good lawyer who is on your side--one who takes into account all the proof and proves to the jury and judge that a property owner was negligent.

 

Personal Injury Law Blog

Court Affirms $10.3 Million Jury Verdict in Case of Malfunctioning Elevator

READ MORE