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How can you prove fault in a slip and fall accident?

On Behalf of | Aug 15, 2022 | Personal Injury |

Slip and fall accidents are more common than many people think, and they account for many injuries in New Jersey. If you become injured due to a slip and fall accident, it’s important to know how to prove fault.

What can cause a slip and fall accident?

Slippery, wet or uneven surfaces can lead to slip and fall accidents. Weather conditions like rain, snow and ice can cause outdoor areas to be dangerous for walking. Indoors, spilled liquids, objects cluttered all over the floor, uneven stairs and broken handrails, poor lighting and uneven, worn carpeting or rugs can also make walkways unsafe.

All of these situations can be a recipe for disaster. Walkways are supposed to be kept clean and clear to prevent slip and fall accidents from occurring. The property owner must ensure that floors and common walking areas are safe to anyone with a legal right to be on that property. If an accident occurs due to negligence, the injured person can file a premises liability claim against the property owner.

How can you prove negligence in a slip and fall accident?

In order to have a legitimate slip and fall claim, you must prove that negligence directly led to your accident and injuries. There are certain elements that must be in place to prove negligence. They include the following:

  • The property owner knew about the dangerous condition.
  • The property owner failed to correct or repair the dangerous condition in spite of having knowledge of it.
  • The dangerous condition was present long enough that the property owner should have addressed it to prevent slip and fall accidents.
  • The property owner should have known that the dangerous condition could lead to slip and fall accidents.

Not all slip and fall accidents automatically mean that a property owner is responsible. For example, if a person is engaged in horseplay with someone else and then slips, it would be their own fault.