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Proving liability following a slip-and-fall accident

On Behalf of | Nov 25, 2021 | Personal Injury

Retail store shoppers are often subjected to dangerous conditions while on store premises. Sometimes, these dangerous conditions can cause a slip-and-fall accident, which can result in serious injury. If you were injured in a slip-and-fall accident while shopping, you may be entitled to damages to cover your medical bills, lost wages, pain and suffering, and other expenses related to the accident. One way to recover these damages is to file a personal injury claim against the store owner and other parties responsible for your accident.

Proving liability after a slip-and-fall

In order to prove that a store owner or other defendant is liable for your slip-and-fall injuries, you will first need to show that there was a dangerous condition on the premises that caused your accident. Dangerous conditions often found on retail store premises include:

  • Uneven flooring
  • Poor lighting
  • Lack of handrails
  • Aisle obstructions
  • Overcrowding
  • Icy or slippery floors or walkways

Next, you will need to show that the defendant failed to act reasonably when maintaining the store premises. In other words, you will need to establish they were negligent in:

  • Failing to take reasonable steps to inspect the property for dangerous conditions
  • Failing to take reasonable steps to fix the dangerous condition
  • Failing to warn of the dangerous condition
  • Failing to properly train employees to address the dangerous condition

Finally, you will need to show that the defendant’s negligent actions caused the accident and your slip-and-fall injuries. In some cases, the defendant may argue that your own negligence (e.g., failing to pay attention, texting while walking) caused the accident. However, in Louisiana and other pure comparative negligence states, you may be able to recover damages even if you were partially responsible for your own accident. Your damages will be reduced based on the percentage of fault assigned to you by the jury.

Filing a negligence claim following a slip-and-fall accident can be difficult, particularly if you are still recovering from your injuries. A personal injury attorney in your area can assist you with every step of the legal process.