Posted by Allan Gregory on 01/15/2020

Proving Fault in Slip-and-Fall Injuries

Proving Fault in Slip-and-Fall Injuries

When you’re hurt in a slip-and-fall accident, you may be stunned, in pain, and overwhelmed by the sudden severe injuries. While many of us have accidental falls that may not do too much damage, falling the wrong way could be devastating. If you need to file a lawsuit for your losses after one of these falls, you may even be unsure how to show you weren’t at fault.

That’s why it’s so important to know who’s at fault in a slip-and-fall accident, and why it’s so important to prove that fault. If you’re unsure who’s responsible for your injuries and you’re having trouble gathering evidence of fault, reach out for help proving your claim and getting compensation for the losses you’ve suffered. 

Employees May Not Be at Fault

When you’re injured in a slip-and-fall accident, you may believe that the responsible party must be the one who caused your injuries. For example, you may have fallen because an employee failed to put out “wet floor” signs, or you tripped on a loose board or missing stair that the employees should have known about. 

While they are responsible for the conditions that led to your injuries, they may not be the liable party you’ll take to court. That’s because the property owner is typically responsible for all injuries that happen on their property.

That means you’ll need to take action, not against the employee, but against the property owner, but that may not be so easy. If you’re not sure how to identify the liable party, you may need a New York City personal injury attorney to help your claim. 

Proving Your Injuries in a Slip-and-Fall

Once you’re ready to file a lawsuit, you’ll need to prove your injuries are related to the accident, and not a separate, unrelated injury. Often, the easiest way to do this is to act right away and seek out medical care for your injuries. If you’re taken to the hospital in an ambulance or head there immediately after the accident, the defense may be unable to suggest your injuries were connected to another accident. 

However, you may have waited to get medical help. In these cases, you may need to bring in a doctor to prove your injuries were related to the slip-and-fall accident. They can act as an expert witness on your side, showing the court how your injuries are consistent with a slip-and-fall accident. 

Get an Attorney’s Help Identifying the At-Fault Party

If you’ve been injured because of a bad fall, and now you’re struggling to prove fault in your injury claim, you may need help identifying the right party. They may be unwilling to compensate you for your losses, and they may try to avoid taking the blame for their actions. 

In these cases, you may need guidance, which can make a big difference in your claim. If you’re unsure where to begin, your attorney can provide legal representation and advice when you’re struggling to recover from your injuries. They can help you prove fault against the responsible party, which can make a big difference in your claim. 


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