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How to Prove Negligence in a Slip and Fall Case

Posted By Aguirre Law | December 4 2024 | Slip and Fall Accidents

Slips and falls can result in serious injuries, and recovering compensation to pay for medical bills and make up lost income will largely depend on your ability to prove someone else was negligent for your injuries. Here is what you need to know about proving negligence in your slip and fall case.

What Do I Have to Prove to Win a Slip and Fall Case?

To prove negligence, you must present evidence that shows that it is more likely than not that all of the following legal elements are true:

  • The property owner owed you a duty of care – Property owners have a legal duty to maintain their premises and ensure a safe environment to avoid foreseeable injuries to visitors.
  • The property owner breached their duty of care – A dangerous condition existed on the property owner that the property owner created, knew about but failed to correct, or should have known about if they had exercised reasonable diligence.
  • The breach caused your slip and fall – The hazardous condition directly caused your slip and fall accident.
  • You suffered damages – You suffered actual damages due to the slip and fall accident, such as medical expenses, lost income, or pain and suffering.

Steps to Prove Negligence in a Slip and Fall Case

Here are some proactive steps that you can take to prove negligence in a slip and fall case:

Report the Accident

The first step you should take is to report the accident so that there can be an official record of the incident. Report it to the property owner, landlord, manager, or other responsible party. Request a copy of the report for your records.

Document the Scene

Use your cellphone to take pictures or videos of the hazardous conditions that caused the fall. Take pictures of the lack of warning signs, the conditions that contributed to your accident, and your injuries.

Seek Medical Attention

Do not delay in seeking medical treatment. Your injuries could worsen without medical intervention. Also, medical reports can link the accident and your injuries.

Talk to Witnesses

If any witnesses observed the accident, ask for their names and contact information. Your San Antonio slip and fall lawyer can follow up with these witnesses and obtain statements from them to help support your claim. Also, make a note of any cameras that may have recorded the accident.

Preserve Evidence

Keep any physical evidence related to the slip and fall incident, including clothing, footwear, or any objects involved in it. Valuable evidence may be on these physical objects.

Our San Antonio Slip and Fall Lawyers Can Help

Navigating slip and fall cases can be complex, but the San Antonio injury attorneys at The Aguirre Law Firm, PLLC have extensive experience handling these legal claims. Our slip and fall lawyers can investigate your accident, preserve evidence, interview witnesses, and help build a solid claim on your behalf. Contact us online today or call us at (210) 538-6477 for a free, no-obligation case review.

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