Proving a Slip and Fall Injury Claim

A slip and fall accident is very common. When it happens, it often results in injuries. If you have been injured in a slip and fall accident, you may wonder if you can make an injury claim. To win your case, you must prove that someone else, especially a property owner, is responsible for your injuries.

It is a property owner’s duty to keep their property in a reasonably safe condition. They must ensure that the property is free of hazardous conditions. However, this does not mean that everyone who slips and falls on someone else’s property can hold the owner liable. To hold a property owner responsible, a victim must prove the following:

  • The property owner should have known of the hazardous condition on his or her property, such as a pothole or a slippery or uneven walking surface, and should have taken the necessary steps to fix it.
  • The property owner was aware of the hazardous condition, but did nothing to repair or fix it.
  • The property owner caused the hazardous condition.

How do you prove negligence?

To prove that a property owner was negligent, a victim should consider the following:

  • Did the hazardous condition exist long enough for a property owner to take necessary action?
  • Is there a policy of routinely checking for potential hazards on the property? If so, was the procedure followed immediately before the accident?
  • Was the potential hazard intentionally created? Was there a reasonable justification for creating such a hazard?
  • Would it have been possible to prevent the hazardous condition by relocating it, placing adequate warning signs in the area, providing prevention related treatment to the surface or preventing access to the location?
  • Was the accident caused by poor lighting or limited visibility?

Contact Our Slip and Fall Accident Lawyers

If you or a loved one has been injured in a slip and fall accident, contact Jacoby & Meyers. For over 40 years, we have been helping slip and fall accident victims recover the compensation they deserve and require for recovery. To speak with one of our lawyers, 1-877-504-5562 or email [email protected].

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP