A slip and fall injury involves an individual falling down and striking the ground due to the dangerous condition of a walking surface. Such injuries can occur for several reasons, including:
- Narrow store aisles
- Overcrowded store aisles
- Poor lighting
- Cracked floor tiles
- Uneven floor tiles
- Cracked sidewalks
- Loose carpeting
- Loose floor mats
- Debris on ground
- Broken railings
- Missing railings
- Slippery floors
Proving a Slip and Fall Case
In order to win a slip and fall case, the injured party must prove that the property owner was negligent in addressing the condition that caused the injury. Typically, plaintiffs must prove the following factors:
- The owner of the property had an obligation to the plaintiff – Proving that a property owner owed the plaintiff an obligation depends on several factors that will vary by case.
- The property owner failed to meet his or her obligation to the plaintiff – The obligation owed to a plaintiff by a property owner will often be found lacking in cases in which the property wasn’t maintained in a safe condition or warnings regarding dangerous conditions were not given.
- The plaintiff suffered an injury as a result of the property owner’s failure to meet his or her obligation – The existence of an injury is often demonstrated to the court via medical records, plaintiff and physician testimony, and other methods.
- The property owner should compensate the plaintiff for losses sustained due to the injury – If the court finds that the property owner is responsible for the plaintiff’s injuries, compensation is determined by considering a number of different factors, including past medical costs, future medical costs, and the effect of the injury on the plaintiff’s ability to maintain employment.
What to Do If You’ve Been Injured in a Slip and Fall Accident
In order to prove your case, you should take the following steps following a slip and fall accident:
- Seek medical treatment
- Obtain injury-related receipts and records
- Take pictures of the accident scene
- Take pictures of the injuries
Consult with a West Virginia Personal Injury Attorney
If you’ve been injured in a slip and fall accident, it is important to immediately contact an experienced West Virginia personal injury attorney to discuss your situation. An experienced personal injury attorney will protect your legal rights and guide you towards the proper course of action based on your situation. At Hewitt & Salvatore, we pride ourselves on providing personal attention to each case that bigger case mills cannot match. We treat each individual case as our top priority, and we take pride in meeting the needs of our clients. You can trust us to see your claim through to a successful conclusion. Contact our office today and get the legal help you need.
Posted in: Personal Injury