Not every accident that occurs on another person’s property is eligible for a slip and fall claim, the factors one needs to prove liability for a fall in store are: dangerous conditions, knowledge of the conditions, and disregard to fixing the condition to make it safe for the public.
To file a successful claim, you must prove that the owner of the commercial establishment or another person in charge of the premises was negligent in maintaining a safe property. That isn’t always easy.
Proving Store Liability for Falls
In order to file a successful slip and fall accident claim, you must prove the existence of certain factors. First, you must prove the accident or injury occurred as a result of a dangerous condition on the property.
You must also prove that the property owner or another in charge of the property – including store employees – caused the hazard, or knew of the hazard (or should have known of the hazard) but did not correct it in a timely and adequate manner.
You may also have to present evidence that you, as the victim of the slip and fall, do not hold liability for failing to exercise reasonable caution. If you were running down grocery store aisles, for example, and slipped, you may hold some of the liability.
What kind of conditions can trigger store liability for falls?
Several factors increase the risk of a person suffering a slip and fall in any commercial establishment.
- Slippery flooring
- Debris on the floor
- Defective stairs
- Broken guardrails
- Cracked driveways
- Lack of proper lighting
- Narrow staircases
- Accumulation of snow or ice at the entrance of the property
Work with your attorney to collect evidence and build a case to prove slip and fall liability.
Proving a Store’s Liability for Injury
Filing a successful claim for a slip and fall accident can rest on whether you can prove that the Aurora storeowner was negligent in failing to correct the defect that caused the injury.
Not all hazards are completely preventable though. If a court finds the property owner could not have done much to eliminate the hazard that caused your injury, it may find that you do not have a valid claim.
Say, for, instance, your accident was the result of slipping on snow just outside the entrance of the store. No one will deny that there was a collection of snow outside the property that caused your accident. However, the challenge for you is to prove that the property owner did not do enough to remove the snow.
If the snow was accumulating for hours without any intervention from the property owner, you may have a case. But if the property owner didn’t have sufficient time to correct the hazard, the owner may not be liable.
A storeowner must not only be negligent in providing an unsafe property for you, but you must also, as a visitor to the property, have exercised due diligence and care in using the property carefully. Proving both of those factors will be critical for the success of your claim.
Evidence Needed to Prove a Store Liability for Injury
Collect proper evidence to establish that a store is liable for your injuries and resultant damages.
- Surveillance video
- Eyewitness testimony
- Photographs of the accident scene
- Photos of the hazard that caused the fall
Further, you can provide evidence of your damages by presenting medical bills, evidence of lost wages, a pain journal describing how the injuries have affected your life, and more.
Work with an Attorney to Prove Store Liability for Falls
If you have suffered injuries in a slip and fall accident in a store in Aurora, you may be eligible for compensation. Speak to D.J. Banovitvz about your legal options for compensation. Call us at 303-300-5060 or fill out the form on our contact page to schedule your free consultation.