subject: How To Prove A Supermarket Slip And Fall Accident Claim [print this page] One of the most common establishments sued for slip and fall accidents are supermarkets.
A lot of people slip and injure themselves from substances on supermarket floors like water, various liquids from the merchandise, fruits, vegetables, condiments, ice, etc.
Some slip and fall accidents can also be caused by defects on the floor like uneven surfaces, broken tiles, uncovered holes and other defective and hazardous conditions.
If you are injured during a slip and fall accident, you may file a personal injury case against the owner of the supermarket under the premises liability law.
Under this law, the owner has a duty to exercise reasonable care to keep the people in and those expected to be in the supermarket safe from harm.
That responsibility includes a duty to protect people from the risks of a dangerous condition, provided that the owner of the property knows of the condition or should have known about the condition.
Failure to do so by the owner will constitute negligence. However, it will be up to the victim to prove the negligence of the owner.
To prove a premises liability claim, you must be able to establish the following elements:
Duty You should be able to establish that the owner of the supermarket has a duty to keep the people on the premises safe.
Breach of duty The next element you need to prove is that the owner failed to fulfill his duty if he was not able to provide sufficient warning about the danger or did not take enough measures to remove the hazard from the premises.
Proximate or actual cause Breach of duty is not enough to prove a personal injury case. You also have to prove that the accident caused by the breach of duty also proximately or actually caused the injury.
oActual cause Means that the breach of duty directly caused the accident
oProximate cause Deals more with probabilities. It means that the injury would not have happened if not for the presence of the dangerous condition
Damages After you proven that the negligence of the owner caused your injury, you now have to show the losses you incurred as a result of the injury. It could be economic or non-economic loss.
oEconomic loss Refers to monetary losses like lost income and medical bills.
oNon-economic loss Refers to losses that normally have no dollar value. Examples would be emotional distress, and pain and suffering.
To help you establish and win your case against the supermarket owner, you should consult an expert slip and fall accident attorney who specializes in premises liability.
But to further strengthen your case you can also follow the following tips if you are involved in a supermarket slip and fall accident:
Take pictures of the accident scene including the dangerous condition and the injuries you incurred.
