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A Guide to Proving Your Slip and Fall Injury Claim

Posted by Russell West | Jul 15, 2023 | 0 Comments

Slip and fall accidents can result in serious injuries that have long-lasting effects on the victim's life. If you have suffered a slip and fall injury due to the negligence of a property owner, you have the right to seek compensation for your damages.

However, to file a successful claim, you need to prove that the property owner was liable for your injuries. Proving a slip and fall injury claim is not always easy. You may need the assistance of an experienced Spokane slip and fall accident attorney at West Law Office to ensure that you have all the evidence you need to prove your claim.

Elements to Prove the Property Owner is Liable for Your Injury

According to the National Floor Safety Institute, slip and fall accidents account for more than 1 million hospital emergency room visits in the United States every year.

In slip and fall injury cases, the property owner can be held liable if they fail to maintain their premises in a reasonably safe condition. To establish the property owner's liability, you need to prove the following four elements:

  • The property owner had a duty of care toward you. The property owner is legally obligated to ensure their premises are safe for visitors.
  • The property owner breached their duty of care. If the property owner failed to maintain a safe environment and this led to your injury, they have breached their duty of care.
  • The breach of duty of care caused your injury. You must establish a direct link between the property owner's negligence and your injury.
  • You suffered damages as a result of the injury. To claim compensation, you need to show that the slip and fall accident resulted in damages like medical expenses, lost wages, and pain and suffering.

A skilled attorney can help you establish the above-mentioned elements to ensure that your slip and fall injury is compensable.

Types of Evidence to Prove Your Slip and Fall Injury

To prove your slip and fall injury claim, you need to gather sufficient evidence that supports your case. Here are six examples of evidence that can help establish liability:

  • Incident report. If the slip and fall accident occurred in a store or public area, an incident report would have been filed. This report can provide crucial information about the accident's details and who was involved.
  • Witness statements. If any witnesses were present, it is essential to gather their statements. Witness statements can provide details about the accident that you may not have noticed.
  • Photographs or videos. Take photographs or video footage of the accident scene. This evidence can show the hazardous condition that caused your injury.
  • Medical records. Medical records can provide evidence of any injuries sustained as a result of the slip and fall accident.
  • Property maintenance records. Property maintenance records, including repair logs and cleaning schedules, can indicate if the property owner failed to maintain a safe environment.
  • Expert testimony. An expert witness can provide professional testimony that supports your case, especially if there are complex factors involved.

These are the pieces of evidence you need to prove your slip and fall injury claim. Our attorneys at West Law Office are here to help you gather the evidence for your claim.

How an Attorney Can Help You Prove Your Slip and Fall Injury Claim

Proving a slip and fall injury claim can be complex, and it is essential to have an attorney handle your case. An experienced attorney can help you in the following ways:

  • Evaluate your case. An attorney can review the details of your case and provide you with an honest evaluation of your chances of success.
  • Gather evidence. An attorney can help you gather evidence and ensure that it meets the legal requirements.
  • Negotiate with the insurance company. An attorney can handle negotiations with the insurance company on your behalf and fight for maximum compensation.
  • Represent you in court. If negotiations fail, an attorney can represent you in court and present your case to a judge.

Reach out to West Law Office to start working on your case immediately.

Let Our Attorneys Help

Proving a slip and fall injury claim can be a challenging process, but with the right evidence and legal help, you can increase your chances of success. Our attorneys at West Law Office can provide you with the guidance you need to prove your slip and fall injury claim. Call 509-993-0748 for a free case review. 

About the Author

Russell West

Russell West from West Law Office, located in Spokane, Washington represents clients in areas of criminal traffic, misdemeanors, and personal injury. DUI’s, Reckless Driving, Negligent driving, Hit and Run, and Driving with Suspended license are the majority of criminal traffic violations. Drug Charges, Theft, and Domestic Violence account for most of the other criminal cases Russell handles.


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West Law Office - Russell West Attorney

Spokane Attorney Russell West practice areas include: Auto Accidents, Personal Injury, Motorcycle Accidents, Slip and Falls, DUIs, DOL Hearings, Criminal Traffic, Expungement/Vacating Records, and Insurance Bad Faith

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