You might wonder how to receive compensation for your injuries if you or someone you care about was hurt in a slip and fall accident. To successfully pursue a premises liability claim, you must be able to show that the property owner owed you a duty of care and that they breached this duty.
Defendant’s Duty of Care
A legal obligation that must be upheld by a person or organization to prevent negligence that can conceivably endanger others is known as a duty of care. This standard applies to various situations, such as parent-child, doctor-patient, or attorney-client relationships.
Whether or not an individual or business has a duty of care is typically determined by state law. However, most people concur that the standard of care is what a prudent person would do in the same or a comparable circumstance.
The duty of care is essential to a personal injury lawsuit because it establishes the defendant’s liability and allows you to seek financial compensation for your damages. First, however, the plaintiff must prove that the defendant’s breach of duty caused the harm (damages) you suffered.
A slip and fall is a severe injury, no matter how minor it may appear to be. In extreme cases, it can result in traumatic brain injuries, broken bones, fractures, and even fatalities.
One of the essential elements that your slip and fall lawyer must prove to establish liability is that the defendant’s negligence caused your injuries. It is a legal standard known as “causation.”
Suppose the plaintiff can show the defendant’s negligent actions directly caused their injuries. In that case, they can recover compensation for damages due to the defendant’s negligence. These losses encompass pain and suffering, lost pay, and medical expenses.
Defendant’s Breach of Duty
The first step in a slip and fall claim is to prove that the defendant owed you a duty of care. It can be a property owner responsible for maintaining their premises safely or a doctor responsible for providing you with medical care that meets the standard of care.
The next step is to prove that the defendant breached their duty of care. It is usually done by showing that the defendant acted negligently.
The reasonable person test is a common legal standard used to determine whether a person was negligent. It is a hypothetical person who uses common sense and prudent judgment to avoid harming others.
A jury will compare the defendant’s actions to that standard and any other factors they decide are relevant. For example, if the defendant could not foresee the risk that caused the accident, the jury may not find them negligent. It is called comparative negligence and can reduce the value of your claim.
Negligence is the legal principle that holds a person responsible for harm caused by their negligence. This principle is the basis for most lawsuits that arise from accidents or injuries, such as slips and falls or car accidents.
In most cases, negligence is defined as the failure to behave in a way that an ordinary person would behave under similar circumstances. It means you must show that the defendant acted in such a way that an average person would not have done or acted differently.
Next, you must show that their actions caused your injuries or harm. This element is called “causation.” The connection between their negligent act and your injuries must be reasonably direct.