What are the Elements of a Slip and Fall Case?

4-4What are the Elements of a Slip and Fall Case?

An unexpected fall can leave you with serious injuries. A slip-and-fall accident can happen at almost any time and at any place. You may think that you are just a klutz, but actually, some slip-and-fall accidents are due to the negligence of someone else. When you get hurt due to a fall that was caused by something someone else did, or precautions someone failed to do, you may be owed compensation for your damages. There are some elements that you must prove in order to win a slip-and-fall case.


Reasons for Slip and Fall Accidents

Slip and fall accidents can be caused by a variety of factors. One of the most common causes of a fall is a wet or slippery floor or ground. Other causes include items in the walkway that block the path, open file drawers, uneven floors or rugs, damaged floors or stairs, dark or poorly lit areas, broken railings, and more. Falls can occur on the same level or from different levels. For instance, a fall from a different level could be a fall down stairs or a fall from a ladder.


Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”


Falls Can Result in Serious Injuries

Slip and fall injuries are common. According to the Centers for Disease Control and Prevention (CDC), about 800,000 hospitalizations occur each year due to injuries from falls. Approximately one out of every five slip and fall injuries is severe. Some of the most severe injuries include broken bones and head injuries. The most common broken bones are hips, ankles, wrists, and arms. Falls are the most common cause of traumatic brain injuries (TBI). Serious injuries can require hospitalization, surgery, and rehabilitation. Severe injuries, such as TBI, may result in a long-term disability.


Elements in a Slip and Fall Case

Slip and fall cases typically come under the general category of premises liability law. If you were injured in a slip-and-fall accident on someone else’s property, there are some elements that you must prove for your claim. First, you need to show that a dangerous condition existed. caution-wet-floor-sign-1707535-scaledYou must show that the property owner knew, or should have known, about the dangerous condition. The owner was negligent and did not take action to resolve the condition, resulting in your accident. You must prove that you had damages as a result of your injury. You will need to provide proof of your recoverable damages.


What to Do After a Slip and Fall

A slip and fall may not always seem serious at first. However, it is important to report the incident immediately. If you are at a store, restaurant, or other establishment, tell the manager. Then file a police report. If there were any witnesses, take down their names and contact information. Take photos of the area, if possible. Find out the name of the owner. Seek medical attention as soon as possible. Contact a knowledgeable personal injury attorney to discuss the accident. The negligent party may owe you compensation for your damages. Your lawyer will advise you of your options and will assist you in preparing your case.


If you were hurt in a slip-and-fall accident, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation.





The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)

Facts About Falls | Fall Prevention | Injury Center | CDC


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