How To Prove a Slip And Fall Accident Is Not Your Fault

How To Prove a Slip And Fall Accident Is Not Your Fault

July 25, 2022

Ellis Law Corporation

Slip & Fall Injury

Slip and falls are one of the most common types of personal injury claims. In this type of accident, injuries could be very mild, such as scrapes and bruises, to very severe, such as a serious brain injury. One of the most important parts of a slip and fall case is determining who is responsible for the accident. If you were injured in a slip and fall case and believe someone else’s negligence was the cause, you could be entitled to monetary compensation. Contact us today to set up a consultation.

Who is Liable For Slip and Fall Accidents in California

Proving liability for your slip and fall accident is crucial if you’re trying to recover monetary compensation. To prove that the other party was responsible, you must prove that they were negligent, and their negligence caused your injuries. The elements that must be proven in court include the following:

  1. The defendant owned or was in control of the property where the accident occurred, and had the duty to the injured party to keep the property safe;
  2. The defendant breached the duty of care by failing to maintain the property to keep it safe, or they knew of a dangerous condition that they couldn’t fix and didn’t warn the victim;
  3. The defendant’s breach of the duty – the dangerous condition – caused the accident; and
  4. You suffered damages as a result of the accident, such as injuries leading to medical expenses, lost wages, and pain and suffering.

The best way to prove that a slip and fall case was not your fault is to show that it was the defendant’s fault. To do this, you and your lawyer should gather evidence showing that the other party is responsible. You can start this process as soon as the injury occurs, and your lawyer can take over once you hire them and get them up to speed on the situation.

Steps to Take After Slip and Fall

After your slip and fall, it’s important for you to take certain steps that will help prove that you aren’t responsible for the fall.

Seek Medical Treatment. This probably goes without saying, but the first thing you should do is make sure you’re healthy and safe. If you were injured in the fall, you should always seek medical treatment from the emergency room or set up a doctor’s appointment if you can wait. You should obtain all your medical records and keep track of your expenses so you can request the appropriate amount of compensation. This includes travel time to and from doctor’s appointments that keep you from work, lost wages due to time off because of your injury, and any other expenses that you incur as a direct result from the injury.

Take Photographs. Another step you should take after the accident is to photograph your injuries and the scene of the accident. It’s helpful for your attorney, and for a judge or jury if the case goes to trial, to have pictures to show how badly you were injured. Having photographs of the scene is helpful as well so that your lawyer can paint a picture of what really happened and why the defendant is at fault.

Obtain Video Footage. If you were in an area where video cameras were active, you should try to obtain that footage immediately. At the very least, you should speak with whoever has control of the footage to make sure they know that you need it for a court case so they don’t delete it.

There are many other steps you can take to prove that the slip and fall accident wasn’t your fault, and an experienced lawyer can help you with all of this. Contact us today to schedule a free consultation with our Los Angeles slip and fall attorneys.