Proving a Slip and Fall Case

Posted Friday, December 20, 2019 by Chris Thayer

If you were injured due to a property owner’s negligence, you may have suffered physical and emotional damages. Medical bills may be piling up, you may be unable to work and losing out on wages, and you may be facing pain and suffering, as well. If your slip and fall accident was due to negligence regarding a hazardous condition or area on someone else’s property you may have the right to receive compensation for your injuries.

*Elements of a Slip and Fall Personal Injury Case *One-fifth of all falls result in serious injuries. However, you must be able to prove that your injuries were suffered as a direct result of the property owner’s negligence. In order to establish a strong slip and fall personal injury case, you must be able to prove the following elements:

• The property owner had a duty to keep the property clear of any hazardous or dangerous areas, knowing that certain persons, or the public, would be on the property.
• The property owner breached that duty by failing to warn of the dangerous area or clear the hazardous condition.
• The hazard or danger directly caused your injuries.
• You suffered actual physical, emotional, or financial damages.

The law does not define exactly what a hazardous or dangerous condition would be, however, the courts will typically look to see if a reasonable person in the same or similar situation would have also slipped and fallen with respect to the hazardous condition.

*Visitor and Guest Classification*Property owners owe different levels of duty to different types of visitors and guests.

• Invitee. Property owners have a duty of reasonable care toward invitees. These are persons who are either invited to a business or allowed to legally be on the property of a business owner. A great deal of care should be given toward invitees to ensure their safety on property.
• Licensee. Any person who has a home or personal residence may invite a social guest to visit them. These social guests are considered licensees. The property owners must make sure to take reasonable care to ensure that their property is free from any kind of hazardous condition to ensure the safety of their guests.
• Trespasser. A property owner has absolutely no duty regarding anyone who may be trespassing on their property illegally. The only exception may be if a child wanders onto their property under the “attractive nuisance doctrine.” This would include property that has swimming pools or artificial conditions which may be attractive to a child and can cause injury or death.

*Contact an Experienced Personal Injury Attorney* If you were injured due to the negligence of a property owner, you may have the right to compensation. Our experienced legal team at the Pivotal Law Group at 206-340-2008 can help you build a strong case on your behalf. We proudly serve the Seattle, Bellevue, Kent, Renton, Burien, Mercer Island and Issaquah areas.