When you slip and fall on public property, it is often the nature of the property owner to deny responsibility for your injuries. Likewise, their insurance company will also dispute your claim. After all, if you were simply watching where you were walking, you wouldn’t have gotten hurt, right? Proving a slip and fall claim can be difficult by yourself. That’s why hiring an experienced Edmonds personal injury attorney is absolutely necessary when it comes to these types of claims.
Proving a Slip and Fall Claim | Common Causes of Injuries
Property owners are required to maintain their property in a way that is safe for both visitors and guests. When maintenance is inadequate or when there is a condition that is dangerous, the property owner or manager could be legally responsible for your slip and fall injuries. Some common examples include:
- Debris or wet floors in shopping centers
- Poor sidewalk maintenance
- Tears in carpeting or uneven flooring
- Unmarked dangerous conditions
- Failure to adequately clear property from ice and snow
Four Elements of a Successful Slip and Fall Claim
However, just because a hazardous condition exists, does not automatically mean that the property owner will have to pay for your damage. Instead, you have to prove several things to have a successful slip and fall case in Washington.
- The owner owed you a duty of care. The property owner has a legal obligation to keep his or her property safe for customers and visitors. However, the owner doesn’t necessarily have to ensure that trespassers are safe on the property.
- That duty was violated. You must show that the property owner did not care for the premises as they should have. Failure to maintain or the clean the property can breach the duty of care. If the property owner knows of a dangerous condition and does nothing about it (such as fix it or warn you about it), then that can also violate the duty of care.
- The violation caused the trip or slip and fall. There must be a direct connection between the property owner’s failure to keep up or maintain their property and the reason you fell. For example, if you fall because you tripped over your own feet, it will not matter that the property owner had not fixed a tear in the carpet that was a tripping hazard.
- Your fall caused damages. The last requirement of every slip and fall case is that you must have suffered some kind of damage as a result of the fall. This could be something as serious as a traumatic brain injury or as simple as some scrapes and bruises.
Gathering information and evidence is vital to prove these facts in your case. An Edmonds slip and fall lawyer can help you with this process.
Need Help Proving a Slip and Fall Claim? Contact Our Office Today
Certa Law Group can help you evaluate your situation to determine what you should do next. If you are not sure whether you have a case, meeting with an experienced Edmonds slip and fall lawyer on our team is a great way to find out. Call today to schedule an appointment or to get more information. Consultations are free, and we welcome the opportunity to serve you.