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What must a plaintiff prove in a slip-and-fall lawsuit?

On Behalf of | Aug 14, 2024 | Slip-And-Fall Injuries

Slip-and-falls can occur for many different reasons. Sometimes, a customer spills a drink in the lobby of a hotel, and then another customer slips and gets hurt. Other times, messy entranceways, dark stairways or tripping hazards contribute to people falling when visiting or patronizing a business.

In some cases, those involved in a slip-and-fall incident may have grounds for a premises liability lawsuit. They can take legal action against the company that maintained unsafe facilities in pursuit of financial compensation for medical expenses, property damage losses and lost wages.

Of course, the burden of proof in such scenarios falls to the injured party who hopes to hold the business accountable. What does a plaintiff typically need to prove in a premises liability lawsuit related to a slip-and-fall?

Negligence on the part of the business

To blame a business for slip-and-fall injuries, the company must have contributed to the situation. Typically, premises liability lawsuits focus primarily on negligence on the part of businesses and property owners.

Negligence entails failing to do what is necessary for safety or engaging in obviously unsafe practices. Failing to place rugs by an entranceway could be negligence. So could allowing them to become saturated with dirt or moisture.

Keeping too few workers on hand could constitute negligence. If there aren’t enough workers to fulfill basic job responsibilities, it may be impossible to keep the premises adequately clean and safe for visitors. A plaintiff generally needs to show that the business was negligent in facility maintenance, employment practices or other aspects of business operations to win a lawsuit.

Provable financial losses

A slip-and-fall scenario only leads to compensation when the person who falls has provable expenses. Medical costs are often one of the main contributing elements to the overall value of a premises liability lawsuit.

Someone who breaks a bone or hits their head may require immediate medical care and ongoing medical support for weeks if not months. Lost wages can also be another consideration. Particularly when injuries are severe or the injured party is a blue-collar worker, a slip-and-fall might render someone incapable of returning to work for weeks or more. They can ask for compensation for lost wages or reduced long-term earning potential.

Provided that there was economic harm and verifiable negligence on the part of a business, an individual hurt in a slip-and-fall scenario may have grounds for a premises liability lawsuit. Reviewing the situation that led to a slip-and-fall with a skilled legal team can help someone evaluate their options for compensation.