To prove negligence in a slip and fall case, you must establish four legal elements and show that the owner knew or should have known about the hazard. Even with the burden of proof, these cases can be won when you have the right evidence and legal support. Contact Lawrence & Associates today to learn how our team can help with your case.
What Constitutes Negligence in a Slip and Fall Case?
In a slip and fall case, negligence occurs when the party responsible for maintaining the safety of the property fails to do so, resulting in someone being injured and incurring damages. Whether it is a property owner, manager, or maintenance team, they should have been expected to know about the hazard in question in order to be held liable.
Understanding the Four Elements of Negligence
To prove negligence in a slip-and-fall accident claim, you must establish four legal elements. These include:
- Duty of care: The owner owed you a duty to keep the property reasonably safe.
- Breach: The owner failed to meet that duty.
- Causation: That failure directly caused your fall and the resulting injury.
- Damages: You suffered real and tangible losses, such as medical bills and lost wages.
Proving That the Property Owner Knew About the Hazard
One of the hardest parts of a premises liability claim involving a slip and fall accident is proving that the property owner knew about the hazard, or had enough time to discover it before the injury occurred.
Actual Notice
A property owner could be held responsible for a slip and fall if they knew about a dangerous condition and failed to address it. This is called actual notice and can be proven through formal complaints, surveillance footage, and other forms of evidence.
Constructive Notice
In some cases, no one reported the hazard to the property owner before the fall. The question then becomes how long it was there and whether a reasonable inspection would have uncovered it. For example, a spill that sat on a store floor for hours may be different from one that happened moments before someone slipped.
Types of Evidence Used To Prove Negligence in a Slip and Fall Case
Several forms of evidence can show that a property owner should have known about the hazard, including the following:
- Surveillance or security camera footage
- Incident or accident reports filed that day
- Photos of the hazard and the scene
- Witness names and statements
- Maintenance, cleaning, and inspection logs
Your medical records can also tie your injuries to the fall and clearly link them to the incident. Evidence needed to prove a slip and fall claim should be gathered quickly, especially the evidence from the scene of the accident. Security footage is often overwritten within days. Additionally, evidence such as medical records can
Defenses Used by Insurers That May Complicate Your Claim
A property owner and their insurer will often attempt to reduce their liability in the incident. If successful, this can impact your negligence claim. These legal defenses include:
- The hazard was open and obvious: In Ohio, a property owner can argue that the danger was obvious enough that they had no duty to warn you about it.
- You were partly at fault: Insurers often claim you were distracted or failed to watch where you were walking.
- The owner had no notice of the hazard: Property owners could argue that no one reported the condition, or that it appeared too recently for a reasonable inspection to have revealed it.
- Your injuries are less serious than you claim: The insurer could question whether the fall caused your injuries or whether you need the treatment you received.
Photos, witness statements, inspection records, and medical records can help provide the evidence you need to counter these arguments.
How Comparative Negligence Can Affect Your Slip and Fall Claim
Ohio follows a modified comparative negligence law. In Ohio, the comparative negligence law requires that your share of fault reduces your recovery by your percentage of fault, and you cannot recover if your percentage of fault exceeds 50%.
However, Kentucky follows a pure comparative negligence law. In Kentucky, your recovery is reduced by your share of fault, but not completely barred.
Hiring a Slip and Fall Attorney To Help Prove Negligence
Having an experienced attorney by your side can add significant leverage and strength to your slip and fall case. When you partner with a lawyer, they can immediately get to the vital tasks required to prove negligence and protect your claim, such as:
- Moving fast to preserve evidence before it disappears
- Establishing the owner’s actual or constructive notice
- Working with medical and safety experts on causation and damages
- Countering open-and-obvious and comparative-fault defenses
- Valuing the full value of your claim
- Negotiating a settlement or presenting your case to court
Lawrence & Associates has helped clients across Cincinnati and Northern Kentucky secure favorable results for their claims. We’ve recovered hundreds of millions of dollars on behalf of our clients. If you have been injured in a fall caused by someone else’s negligence, we will provide compassionate advocacy and be a trusted partner as you recover.
Speak With Our Slip and Fall Lawyers at Lawrence & Associates
After a fall, the property owner’s insurer may argue the hazard was obvious, that the owner had no notice, or that you were partly at fault. At Lawrence & Associates, we can review the evidence in your case, explain how Ohio or Kentucky law applies, and handle the insurance claim while you focus on recovering.
We offer free case evaluations and consultations. Let us answer your questions about filing a personal injury claim to hold someone accountable for negligence. To tell us your story, you can contact us through our website. If you are in Ohio, you can also call us at (513) 951-6723. If you are in Kentucky, you can reach us at (859) 251-3045.
