Why Is A Slip And Fall Claim So Hard To Prove?

Slip and fall claims can be complex and difficult to prove. Why? Because in order for a claim to be successful, negligence must be proven. And as professional Sherwood Park personal injury lawyers, we know that is often more difficult than it sounds.

An Accident Isn’t Always a Slip and Fall Claim

Accidents happen every day. But an accident that results in an injury is not always worthy of a slip and fall claim. This is one misconception that many people make when it comes to premises liability law.

Under the Occupiers’ Liability Act, a homeowner, business owner and even a municipality or government-owned property can be responsible for any injuries that a person sustains if they are lawfully on that property. There is a duty to each visitor to take reasonable care to see that each person is safe while there. This applies to the condition of the property, any activities that take place on the property and even to third parties on the property.

Was There Negligence?

Negligence, when it comes to the law, determines who is liable for costs associated from injuries that result from an accident on a property. If the duty of care is not upheld under the Occupiers’ Liability Act, the owner or occupier may be held liable for those costs.

The Components of Proving Negligence

In order to win any slip and fall claim, there are four components that must be proven. These are:

● Duty – the property owner owed the injured party a legal duty of care under the Occupiers’ Liability Act
● Breach of that duty – the property owner did not act like a reasonably prudent person in ensuring that a visitor would be safe
● Causation – it was the owner’s action or inaction to address the issue that led to the injury.
● Damages – the injured party was harmed or injured as a direct result of the owner’s actions or inactions

As you can imagine, in some cases it is very difficult to prove if a property owner has been negligent. That is why it’s important for an injury victim to be proactive and preserve any evidence necessary to prove it. If you have been injured in a slip and fall accident, there are important things that must be done if you are thinking about pursuing a claim:

● Get immediate medical attention or assessment.
● Find the owner or manager and make an incident report
● Make extensive notes and take photos
● Document your injuries
● Gather any witness information
● Keep your clothing and shoes that you wore during the incident
● If the fall occurred outside, make a record of the weather at that time
● Contact a personal injury lawyer in Sherwood Park

Because proving negligence can be difficult, it helps to have the expertise of a lawyer to guide you and ensure that your legal rights are being protected. A lawyer can often get evidence like surveillance videos that the victim may not be able to obtain.

If you have been injured in a slip and fall accident, contact the legal team at BPCAB Law. We would be glad to schedule a no-cost case evaluation to determine if you have a claim.