Home > Legal Guide > Guide

How to Establish Liability After a Slip and Fall Accident

If you have fallen in a supermarket or even on a city street it is important to have all your ducks in a row before you file a suit against the party responsible. If you have fallen as a result of untied shoelaces or out of your own carelessness, you probably don’t have much of a case. However, if there is certifiable proof that the fall was the result of someone else’s carelessness, like a spill that wasn’t cordoned off or a hole or crack in the floor that didn’t have a warning, you can probably sue for damages. The damages can include loss of earnings, emotional suffering and medical expenses. Here is how to establish liability after a slip and fall accident.

Your first step is usually to determine whether or not you have a case. If you have fallen on someone else’s property, whether it is public or private, you have to determine whether the danger could have be avoided with a warning or a clearly stated sign stating a specific danger, like a wet floor or perhaps a hidden step. If you have fallen as a result of your own recklessness you very clearly do not have a case. However, if the recklessness can be blamed on another party and you were considerably injured you can probably file a suit for damages.

Next, you have to determine the correct court to file your suit in. It might also be wise to find consul to represent you. If you are in Florida you could probably search for an Ocala lawyer and then file the proper papers in your local court. If the damages were minimal you could probably file in small claims court where the rewards are usually maxed out at around $10 thousand dollars. If the amount is greater than that you probably have to petition to get a case in a higher court with more jurisdiction and latitude depending on the magnitude of your suit and the amount of damages.

Once you have a court date and a lawyer to represent you, your next step is to gather all the evidence. If you have fallen in a restaurant or a city street be sure to provide surveillance footage if there is any. If you have lost wages as result of an injury, be sure to provide pay stubs or lack thereof. On top of all this, you will most likely need to also provide hospital bills and letters from doctors. If you are suing for miscellaneous suffering and loss of quality of life, you should probably provide a letter from a licensed psychologist in your state. Basically, you want to make sure that you can proof beyond a reasonable doubt that your injury was caused as a result of the defendant’s negligence or recklessness.

Lastly, make sure that you have paid all your filing fees. The fees are typically paid to the court and you will make the money back in the instance that you win your case. If you do not win your suit you usually will not get reimbursed, so make sure that you have a strong enough case, because filing a lawsuit can be extremely costly.

comments powered by Disqus