Slip and fall accidents can cause serious injuries, and when they happen on someone else’s property, questions about liability quickly arise. To recover compensation, it is important to establish who was responsible and whether their actions, or lack of action, contributed to the incident. According to our Buffalo, NY slip and fall lawyer, proving liability involves showing that the property owner or occupier failed to maintain a safe environment and that this failure directly led to the injury.
Establishing Duty Of Care
Property owners and occupiers have a legal responsibility to keep their premises reasonably safe for those who enter lawfully. This responsibility often extends to inspecting the property regularly, fixing hazards, and providing warnings when immediate repairs are not possible. In slip and fall cases, we must demonstrate that the owner had this duty of care and that it applied at the time of the accident.
Showing Breach Of Duty
Once duty of care is established, the next step is showing that the owner breached that duty. A breach occurs when the property owner knew, or reasonably should have known, about a dangerous condition but failed to correct it or provide adequate warning. Examples include wet floors without warning signs, uneven pavement that remains unrepaired, or poor lighting in stairwells. Evidence such as maintenance records, witness statements, and surveillance footage can help prove this breach.
Proving Causation
It is not enough to show that a hazard existed. We must also connect the hazard directly to the injury. For instance, if a spilled drink on a grocery store floor caused a customer to slip and break a wrist, the link between the unsafe condition and the injury is clear. Demonstrating this causal connection is essential to holding the property owner liable.
Documenting Damages
Liability also requires showing that real harm occurred as a result of the fall. Medical bills, lost wages, and evidence of pain and suffering are all considered when calculating damages. Clear documentation helps strengthen the case by showing the extent of the impact the injury has had on daily life.
Evidence That Strengthens A Claim
Slip and fall claims often come down to the quality of the evidence. Photos of the accident scene, medical records, and testimony from witnesses or medical professionals can all play a crucial role. In addition, expert opinions on safety standards or building codes may help illustrate how the property owner failed to meet their obligations.
Taking Action After A Slip And Fall
If you or a loved one has been injured in a slip and fall accident, it is important to act quickly. Document the scene, gather witness information, and seek medical care as soon as possible. These steps not only protect your health but also help build a stronger case.
Moving Forward With Legal Guidance
Holding a property owner accountable requires careful evaluation of the circumstances and evidence. With over fifty years of experience, our team at Hurwitz, Whitcher & Molloy knows how stressful and overwhelming this process can feel after an accident. That is why it helps to have guidance from a law firm that understands what it takes to establish liability and pursue fair compensation. If you have questions or need support after a slip and fall accident, we encourage you to reach out to our attorneys today to discuss your options. We are available to you 24/7.