How Do You Prove Negligence in a Slip and Fall Case?

The number of people injured in falls every year is staggering. Each year, elderly adults have over 36 million falls. For many workers in jobs such as retail, construction, and healthcare, slip-and-fall accidents are one of the most common causes of injury and lost wages.

Whether you are a worker, visiting a friend, on a shopping trip, or simply walking through a park, safety is your right. Unfortunately, when a property’s safety is neglected, slip-and-fall accidents happen. After you or a loved one has been injured in a slip-and-fall accident, you may feel overwhelmed and uncertain of what to do next. Proving damages and negligence should definitely be top of the list.

At Kiley Law Group, we understand the physical, emotional, and financial toll that a slip-and-fall accident can take on you and your family. That’s why our attorneys fight tirelessly to help injured clients obtain the compensation they deserve. We have recovered over $1 billion in damages for our clients, and we help you get money too.

To schedule a free consultation with one of our experienced attorneys, call (888) 435-1321 or fill in our online contact form.

How Do You Prove Negligence in a Slip and Fall Case?

Property owners and businesses have a legal responsibility to maintain a safe environment for all who enter it legally. When a dangerous hazard occurs, property owners must act quickly to fix the unsafe condition. If the owner is unable to remedy the situation, he or she should post warnings, block off the area, or take other reasonable precautions to warn people.

To prove your case, you must show that the at-fault party knew or should have known about the dangerous condition and failed to take reasonable steps to fix it.

You will need to gather evidence showing:

  • The at-fault party owed you a duty of care
  • The condition of the property where you fell (e.g., a wet floor, a loose carpet, etc.)
  • The property owner knew or should have known about the danger
  • Whether the property owner took reasonable steps to prevent or fix the problem
  • Eyewitness testimony, surveillance footage, and prior complaints. etc.

What Is Negligence in a Slip and Fall Case?

Here are three common types of negligence:

  • Contributory negligence: This is when the plaintiff (the person suing) is partly at fault. For example, if the plaintiff was not paying attention and slipped on a wet floor, then he or she may be found contributorily negligent, and damages received may be reduced.
  • Comparative negligence: When both the plaintiff and the property owners are responsible, the damages are divided based on each party’s degree of fault.
  • Gross negligence: Gross negligence is when the defendant’s actions were so careless that they amounted to reckless disregard for human life or safety. The at-fault party knew his or her actions were dangerous but chose to follow through anyway. This often leads to serious consequences.

Common Injuries for Slip and Fall Victims

The injuries that can result from slip-and-fall accidents range from mild to severe, and in some cases can even be life-threatening. These injuries can affect both older and younger people. For example:

  • Sprains and strains
  • Torn ligaments
  • Head injuries
  • Neck and back injuries
  • Pelvic fractures

Falls are unfortunately a common occurrence for the elderly. According to the Centers for Disease Control and Prevention (CDC), 1 in every 4 adults aged 65 and older falls each year. Older adults are at greater risk of long-term pain, serious complications, and even death.

Some of the most serious injuries for elderly fall victims are:

  • Fractures: Elderly seniors are particularly susceptible to fractures because they may develop osteoporosis, which weakens the bones. The most common fractures from slip-and-fall accidents involve the hips, wrists, and ankles.
  • Traumatic brain injuries (TBIs): These types of injuries range from mild concussions to more severe skull fractures or bleeding in the brain. TBIs can cause a variety of symptoms including headaches, fatigue, mood swings, difficulty concentrating, memory problems, and sleep disturbances.
  • Spinal cord injuries: Spinal injuries vary in severity from minor sprains to herniated discs or paralysis. Spinal cord injuries often require extensive medical treatment and rehabilitation.

Nursing Home Slip-and-Fall Accidents

Nursing home slip-and-fall accidents are all too common, and they can often be traced back to negligence on the part of nursing home management.

Here are three ways that elderly people can be put at risk:

  • Poorly maintained sidewalks and walkways: If the nursing home staff fail to properly maintain their sidewalks, hallways, and walkways, it can create hazards for elderly pedestrians. Snow and ice need to be cleared in a timely manner, and any cracks or uneven surfaces should be repaired to avoid trip-and-fall accidents.
  • Lack of handrails or other support devices: Older adults often need extra support when walking, especially on staircases or in slippery areas. Without adequate handrails or other support devices, the risk of a slip-and-fall increases.
  • Poor lighting conditions: It is important for all areas of a property to be well-lit, both inside and out. This is especially true for seniors, as poor vision can make it difficult to see potential hazards in low-light conditions.

Workplace Slip and Fall Injuries

Slip-and-fall accidents can happen anywhere, at any time. All it takes is for someone to spill a drink or drop something on the floor, and you can be at risk for a serious injury.

While some workplace slips and falls simply cannot be prevented. Many are the result of negligence and unsafe practices.

Retail employees and wholesale workers are at high risk for slip and fall injuries. According to the CDC, retail employees have a 75 percent higher than average rate for slip-and-fall accidents compared to all other private industries combined.

Many factors contribute to the high rate of slip-and-fall accidents among department store workers. For example:

  • Wholesale stores are often crowded places with a lot of foot traffic and merchandise, which can make it difficult to keep the floors clean and free of debris
  • Many department stores have slick, hard floors that can be slippery when they get wet, which could be dangerous if the floor is not maintained properly
  • Retail and wholesale employees often have to work long hours on their feet, which leads to fatigue and increases the chances of a slip-and-fall accident

If you have been hurt in a slip-and-fall accident at work, contact the lawyers of Kiley Law Group. We have successfully represented many clients in slip and fall cases and are ready to help you fight for the financial settlement you are entitled to receive.

What Damages Are Recoverable After a Slip and Fall Injury?

The damages recoverable after a slip and fall injury will depend on the severity and the state in which the accident occurred. Damages that may be recovered after a slip-and-fall accident include:

  • Medical expenses: This includes costs for hospitalization, surgery, prescriptions, physical therapy, etc.
  • Lost wages: If the victim is unable to work due to his or her injuries, he or she may be able to recover lost wages
  • Pain and suffering: These are non-economic damages that can be awarded for the physical pain and emotional suffering caused by the accident
  • Punitive damages: In some cases, punitive damages may be awarded if the defendant’s actions were particularly careless
  • Wrongful death: If a slip-and-fall accident leads to death, the victim’s family may be able to recover damages for funeral expenses and other costs associated with the accident

Kiley Law Group Can Help With Your Slip-and-Fall Accident

Inadequately maintained properties can turn an average day into a painful ordeal. After you or a loved one has been injured in a slip-and-fall accident, it can be a difficult and trying time.

You may be feeling pain, suffering from financial stress due to missed work, and struggling to manage everyday tasks. The last thing you want to deal with is fighting for the compensation you deserve from an insurance company or property owner.

The attorneys of Kiley Law Group are ready to help you. For more than three decades, our team has helped injured people recover over $1 billion in damages. We know how to build strong cases and fight for the compensation our clients deserve.

We do all of this while providing the care and support that our clients need during this difficult time. We are here to help you get through this, and we will fight for the compensation you deserve. If you or a loved one has been hurt in a slip-and-fall accident, contact our Massachusetts and New Hampshire lawyers today.

There is no obligation to discuss your case with us. And with our No Fee Until We Win guarantee, you won’t pay us unless we win a settlement for you. To schedule a free consultation with one of our experienced attorneys, call (888) 435-1321 or fill in our online contact form.

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