You are entitled to seek the professional advice of a personal injury lawyer to help you present the most compelling evidence in your slip and fall case.
Collecting a sufficient amount of evidence to meet the burden of proof for a slip and fall incident may be one of the most complicated steps for this type of case. It involves proving that the business owner neglected to correct any abnormality in their establishment that could lead to an incident. Also, the claimant needs to prove that the slip and fall actually took place in the particular business location they are identifying.
Crucial Elements to Build a Slip and Fall Negligence Claim
Three crucial elements need to be evaluated on a slip and fall case to deem it a valid negligence claim, following the same legal procedure as any other negligence case. The elements that truly combine to form a slip and fall claim are as follows:
A concept that recognizes a party’s contractual responsibility to another party, meaning the business owner is obligated to a legal duty of care, offers a safe environment to his customers, thus preventing any slip and fall incidents.
Breach of duty
It takes place when one of the involved parties in a case fails to comply with their duty of care towards the other party. Referring back to the slip and fall case, the business owner would have breached their duty of care towards the clients or claimants when an unsafe environment was known to be present and minimal warning was given to the buyers. For example, floors were cleaned and mopped, but no appropriate signaling was placed on warning of wet and slippery surfaces.
It is defined as the action from which the specific injury or incident occurred, thus holding a party liable for it. It usually is reserved for wrongful death cases, where the court must have the ability to determine a reasonable cause due to which the defendant’s breach of duty directly resulted in the death of the other party. Additionally, the court must also prove that the business owner is truly negligent and did not prevent the incident.
For example, going back to the slip and fall case, the business owner would have also failed to request a warning signal or demand to clean the surface, even after being aware of the wet and slippery floor. Therefore the burden of proof lies on the complainant’s ability to collect sufficient evidence and witnesses, attesting to his version of the facts, to receive damages for any personal injuries sustained due to a trip, slip, and fall event leading to serious injuries.
Obtaining Injury Compensation Does Not Need To Be Frustrating
Back in 1996, a popular case in the New Jersey Supreme Court, titled Wollerman v. Grand Union Stores, forced a change in how obtaining personal injury compensation is perceived, that is, not necessarily a frustrating ordeal. The Wollerman Rule states that some stores or businesses are more prone to be risky environments for their visitors based on the very nature of the manner in which they conduct business. In other words, more interactions and the type of interactions that occur in the particular type of business make accidents more of a likelihood than in others. A grocery store, for example, selling produce (vegetables and fruits) in open bins may have to keep a closer eye on produce falling to the floor, thus increasing the possibility of slips. The business is then responsible for implementing a client safety protocol designed to reduce the risk level during their operations and customer servicing schedules. In an example such as this one, the burden of proof would be in the defendant’s hands instead of the claimant’s.
Contact our Personal Injury Lawyers for a Free Consultation
If you or a loved one are in the middle of a slip and fall case and need to understand how to gather sufficient evidence to meet the burden of proof that makes you eligible for personal injury compensation, you are entitled to seek the professional advice of a personal injury lawyer. At The Law Office of Kamensky, Cohen & Riechelson, we passionately advocate for clients who have been injured in accidents in Trenton, Princeton, Hamilton, and the greater Mercer County area. Whether you are currently involved in a personal injury claim, have questions regarding the burden of proof on slip and fall incidents, or need a talented attorney who can help you navigate all the nuances and legalities to safeguard your best interests, contact our firm today.