Proving Negligence in a Slip and Fall Injury Case
Injured in a Fall
In August of 2015, rising tennis star Eugenie Bouchard slipped and fell in a locker room at the U.S. Open in New York. She sustained a concussion and was unable to play another match for the rest of the season (she returned to action in 2016). Bouchard has since filed a lawsuit against the United States Tennis Association (USTA) stating the entity was negligent because there was a slippery foreign surface on the floor. The case is still ongoing.
Bouchard is accustomed to winning on the tennis court, but to win in a court of law, she will need to prove negligence. This is true of anyone who initiates a lawsuit following a fall in an owned property. If you have suffered a slip and fall, you can choose to sue as well. To determine if you have a case, learn about the legalities of this type of personal injury lawsuit.
It is often difficult to prove negligence in a slip and fall case. There are several factors to consider. First, you must identify the cause of your fall. It might have occurred due to a spill, a torn spot in flooring or the presence of a slippery foreign substance.
Once you know what caused the slip and fall, explore whether the situation was due to neglect on the part of the owner or those working under her. There are three situations in which the owner or agency is legally negligent. If you believe one of these circumstances occurred, you most likely have a case.
The first situation constitutes negligence if the owner or one of her employees caused the walking surface's slippery condition or created a torn or worn area in the floor. The second scenario proving neglect occurs if the owner or a worker knew a dangerous situation existed in which someone could fall but did not do anything to rectify it. Finally, negligence occurred if the owner or employee should have known there was a condition that could cause a fall.
If you believe you have suffered due to someone else's negligence, you might want to consult a personal injury attorney and feel free to contact us for more information regarding the law.