In order to win a slip and fall case, there are certain things that must be proven. Many people are under the wrong impression that if they slip and fall on another person’s property they can make a successful claim. To make a successful claim, you will have to prove the following aspects:
The owner of any property has certain responsibilities to maintain the property and address issues on the property that can cause harm to others. However, this point can be argued if the owner did not have control of the property when the accident occurred. If the owner has a manager looking after the property, determining the responsible party can be difficult. Therefore, owed responsibility or duty of the defendant has to be proved.
Deviating from Standard Procedures
It has to be proven that the defendant deviated from standard procedures in maintaining and following procedures for hazard prevention. Usually in each industry, there is standard practice and norms for safety. Most people claim that they did not know about the hazard, to avoid paying damages. Therefore, it has to be proved that the hazard resulted due to deviation from standard safety procedures and practices.
Knowledge of Dangerous Condition
You have to prove that the defendant had knowledge of dangerous conditions existing on the property. The dangerous condition cannot be due to minor defects or the normal wear and tear of materials. It has to be something quite different, which created the hazard and resultant injury.
Connection between Dangerous Condition/s and Injury
Sufficient proof and expert testimony should be provided to establish a connection between the dangerous condition and the injuries you have sustained. In other words, the way you fell and the injuries you sustained are directly the result of the dangerous condition.