Personal injury resulting from a slip and fall accident is very common. However, there are certain unique facts about this type of injury that you should know.
You can file a Civil Case
If you are injured in a slip and fall accident on someone else’s property you can file a civil case to claim compensation for your injuries. The case could be filed against the owner of the property or the person in charge of the property.
You do not have to accuse anyone of a crime. You do not have to act hysterical and make a scene. You do not have to verbally chastise or harangue the manager or the owner at all either. You do not have to sardonically mock or attack any of the employees that try to help you out after the incident or are in shouting distance of you. This will only damage your case and perhaps turn some of the tide against you.
This is not a crime in most cases. This is not personal; no one did this on purpose. The business or government branch made a mistake and you turning this into a sight to see is not in good taste. This is strictly a civil manner.
The Property Where the Accident Occurs could be Residence, Business Premises, or a Public Place
Slip and fall accident can occur at a residence of the person whom you are visiting, in a store or restaurant, or in public place. The main thing to consider is whether there were unsafe conditions that caused your injuries. If there is a dangerous condition, then the owner or individual in charge of the property can be held liable for your injuries.
Public or commercial places owe you a higher duty of care, as they have the duty to keep their premises safe. Even though the homeowner also has the same duty, he may not be expected to keep to the same level of care, as a public or commercial establishment. Hence, it will be harder to prove liability when you slip and fall in someone’s home.
You have to Prove Negligence
When you are injured, it is your burden to prove negligence of the other party. This has to be proved by preponderance of evidence, which shows that it was more likely than not that the negligence of the other party caused the slip and fall accident.
You have to Prove Damages
Apart from the negligence of the other party, you also have to prove that the slip and fall accident has caused you some injury or damage that can be compensated monetarily.