If you were injured because you slipped and fell on someone else’s property, you may be able to recover compensation through an insurance claim or personal injury lawsuit. However, proving fault takes more than showing you were hurt. To succeed, you must establish that the property owner’s negligence caused your injuries. A Las Vegas personal injury lawyer can help gather evidence and build a strong claim from the start.
Four Elements of Negligence
To win a slip and fall lawsuit, you must show that someone else’s carelessness legally caused your injury. This comes down to proving four elements of negligence:
Duty of Care
The property owner or manager must have a legal duty to keep their premises reasonably safe for visitors. This means they’re expected to fix hazards, provide warnings, or conduct routine inspections to protect you from slipping hazards. This is generally the standard for anyone who owns a property, so it’s usually pretty easy to show that someone owed you a duty of care.
Breach of Duty
You need to show that the responsible party failed to meet this basic standard by allowing a dangerous condition to exist. This could be wet floors, a broken handrail, uncleared ice and snow on the sidewalk, or anything else that is reasonably likely to cause someone to fall and get hurt.
Causation
To succeed in your claim, you must directly connect the breach – such as the uncleaned spill or unsafe walkway – to your slip and resulting injury. This step requires demonstrating that, if the hazardous condition had been addressed, your fall would not have happened. Sometimes, surveillance video, eyewitness reports, or medical evidence helps establish this critical link.
Damages
Finally, you must show actual harm as a result of the fall, such as hospital bills, the need for ongoing treatment, missed work, or lingering pain and loss of activity. Providing detailed evidence of your losses is key to recovering an appropriate settlement or court award.
Proving these elements can be difficult if you don’t have legal training, but you don’t have to handle it on your own. There are legal professionals available to provide the needed assistance.
Evidence Used to Prove Negligence in Slip and Fall Cases
Proving negligence in a slip and fall case requires strong evidence that support each element. In these cases, types of evidence often include: Surveillance Video
Footage from business security cameras, casinos, stores, or even a bystander’s cell phone can capture the fall itself or show how long a hazard existed. This is some of the strongest evidence you can have, as it shows the actual incident.
Incident Reports
Official reports created by the property owner or staff immediately after the incident document facts about the situation and the conditions of the property.
Maintenance and Inspection Logs
Records of regular (or irregular) cleaning, repair, or checks at the property can show whether the owner was diligent or negligent about addressing and preventing hazards.
Witness Statements
Eyewitnesses, such as other visitors or employees, add independent accounts that support your recollection of how the incident happened. This can help corroborate your version of what happened.
Medical Records Linking Injuries to the Fall
Showing medical records for treatment you received right after the accident can help connect the incident to your injuries. Always tell any doctors you see what happened so there’s a good record of your accident.
There’s going to be slightly different evidence in every case based on where the incident occurred and what’s available. A Las Vegas slip and fall lawyer can help you gather important documents and build a strong claim. For questions, reach out to our firm today to schedule a free consultation.
