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How Does One Prove Negligence in a Slip and Fall Accident?

Most slip and falls are minor, but they have the potential to be quite serious. When a slip and fall affects your life, it can be very difficult to recover. That is when you need to start thinking about your rights. You may be entitled to compensation. The key is to prove negligence in a personal injury case. With the help of a Los Angeles accident attorney, you can start building your legal case.

Proving Negligence in a Slip and Fall Accident

Negligence is the foundation of every personal injury case. You will work with your premise liability lawyer to show that someone else was responsible for your slip and fall. The other parties may not have intended for you to be harmed. However, their actions or inaction are directly linked to your injury.

Therefore, you must first prove that the conditions were unsafe. For example, you may argue that the property lacked necessary warnings, handrails or traction. Other cases may involve dangerous conditions on the property. This could include water leaks, spilled drinks or branches after a storm. While these factors are not necessarily the fault of the owner, you can prove that there was negligence if the issues were not handled promptly and thoroughly.

The key with negligence is to show that the owner not only knew or should have known about these issues but that he or she failed to fix the problems. Moreover, negligence should show that reasonable people would have foreseen accidents and addressed problems.

While most slip and fall cases are directed at property owners, other people can be held accountable too. If a third party causes unsafe conditions by leaving debris in the area or causing damage to the property, then you may work with your personal injury lawyer to expand your case.

What To Do After a Slip and Fall Accident

Proving negligence is easier said than done. Therefore, in order to get the compensation you deserve, you should start building your case early on. Here are the steps you should take after your slip and fall accident:

  • Get Medical Attention: Some people are embarrassed after their slip and fall accident, and they try to avoid extra attention. However, your health is important. Get checked out by the proper medical personnel. This is also important when building a case of negligence. You need to prove that you sustained injury. Get checked out as soon as possible in order to document the timeline of your injuries.
  • Document the Scene: While you work with a Los Angeles accident attorney, you will want to examine the scene. This will help establish the factors that caused your accident. It is best to take photographs or videos to capture the scene accurately. Look for things like cracks in the sidewalk, slick surfaces, crowded walkways, and more. You should also take special circumstances into account. Was there debris from a storm? Was there a special event with larger crowds? The area may be fixed or changed after your accident, which means you need to make sure you have evidence of the scene as it was.
  • Identify Witnesses: If possible, talk to other people who were at the scene. Witnesses may have seen you fall and may be able to provide critical context. Other witnesses may be able to describe the scene and all the factors that made it dangerous. Try to get the contact information of witnesses as soon as possible. You can give this information to your personal injury lawyer.
  • Make a Report: If your slip and fall accident was at a business, you may be asked to make an accident report. This is a good idea. You should never embellish your account, but add as many details as you deem relevant. The documentation of the report can help further validate your claim. It proves the timeline of events and shows that the incident has been serious since the start.
  • Keep a Timeline: Finally, write down all the information you can as you experience the fallout from your accident. Make notes about your various medical and legal appointments. Write down information about every interaction with the property owner. Keep track of all phone calls, letters and emails. Your memory can fade quickly. Writing down the facts as they happen will be vital for your premise liability lawyer.

Common Causes of Slip and Fall Accidents

What is remarkable about slip and fall accidents is how common they are. Almost anything can lead to a slip and fall. Here are some of the most common causes.

  • Wet and Uneven Surfaces: Poorly kept surfaces are a huge risk factor for slip and falls. In some cases, there may be cracks, broken steps, potholes, loose floorboards and more. This also includes cluttered floors with too many obstacles. The issue also relates to moisture and liquids. Recently mopped floors are very dangerous. Problems may also arise from spills and leaks on the property.
  • Weather: The weather can be a large factor in many slip and fall accidents. Rain can make surfaces slippery, and standing puddles can pose a danger when the storm is over. Tree limbs and other debris may block common walkways. Moreover, winter weather is a huge risk. Snow and ice lead to many slip and falls. Therefore, property owners are required to take proactive measures against such risks.
  • Poor Training: Some accidents can be traced to poor training. For example, in construction, workers must have rules and regulations about how to navigate complicated work areas. If such training is not provided and an accident occurs, a personal injury lawyer will be able to make a strong case for negligence. Another example occurs in the nursing home industry. In these cases, the staff may be poorly trained to help elderly patients maneuver throughout the area. Conversely, the staff may not be monitored closely enough to ensure that they are providing the necessary assistance.

Common Injuries in Slip and Fall Accidents

A slip and fall accident may seem embarrassing at first, but the consequences can be quite serious. If you have suffered from any of the following injuries, talk to a premise liability lawyer today.

  • Broken bones
  • Sprained ankles
  • Shoulder dislocation
  • Spinal damage
  • Nerve damage
  • Traumatic brain injury
  • Muscle strain
  • Cuts and bruises

Potential Compensation After a Slip and Fall Accident

If your accident was caused by negligence, you may be entitled to compensation. Your compensation will be tied to your specific needs after the accident. You may get compensation to cover medical bills, ongoing treatments, and lost wages. You may also be entitled compensation for pain and suffering.

Get Legal Support Today

Slip and falls can dramatically change your life. If you have suffered in a slip and fall accident, do not face the struggle alone. Instead, get the help you need to prove negligence and get compensation. Contact West Coast Trial Lawyers for additional information.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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