How Do I Prove That a Property Owner was Negligent in My Slip and Fall Case?

Slips and falls happen quite often, and they need to be taken seriously. In 2022, 46,653 people died from falls at home and in the workplace. Even those who do not die can end up with serious, long-term injuries.

Slips and falls can lead to medical expenses, lost wages, pain and suffering, and other damages. These damages can amount to hundreds of thousands or even millions of dollars. Because of this, it’s important to file a premises liability claim against the negligent property owner so you can recover compensation.

However, winning a slip and fall case means proving negligence and having a sufficient amount of evidence. Here is what you need to do.

Prove Negligence

To prove that a property owner was negligent in your slip and fall case, you must have evidence of the following:

• Duty of care. Property owners are legally obligated to keep their premises in a reasonably safe condition for visitors. This means taking appropriate steps to prevent accidents and promptly addressing any known hazards.
• Breach of duty. To prove a breach of duty, you must show that the property owner failed to uphold their responsibility. This can be established by demonstrating that:
  • The owner created a hazardous condition, or
  • The owner was aware of the danger but failed to warn others or take corrective action, or
  • The owner should have known about the hazard through regular maintenance and inspections.
• You must show that your injuries were directly caused by the property owner’s negligence. In other words, the unsafe condition must be the clear reason for your fall and resulting harm.
• Finally, you’ll need to prove that you suffered actual harm due to the accident. This can include medical costs, lost income, pain and suffering, and other related losses.

Gather Evidence

To build a strong slip and fall case, you'll need solid evidence that proves the property owner's negligence caused your injury. Key types of evidence include:

• Photos/videos. Take clear pictures or video of the hazard (such as a wet floor or broken step) as soon as possible. Include wide shots and close-ups.
• Accident report. If the fall happened in a store or business, ask for and obtain a copy of the official incident report.
• Witness statements. Get the names and contact info of anyone who saw the fall or the dangerous condition. Their accounts can support your version of events.
• Medical records. Document all injuries and treatment. Immediate medical attention helps link the injury directly to the accident.
• Surveillance footage. Request any security camera footage from the property owner quickly before it's overwritten or deleted.
• Maintenance records. These can show if the property owner regularly checked for hazards or ignored repairs.

Contact Us Today

In a slip and fall case, you need to prove liability. If you fail to prove negligence, your claim could be delayed or even denied altogether.

The New Jersey premises liability attorneys at Leonard Legal Group can help you obtain the evidence you need. We’ll also protect your legal rights. To schedule a consultation, contact us via (973) 984-1414 or online here.