Slip and fall claims are common types of cases, and they fall under the umbrella of personal injury law. If you’ve become injured after falling on someone else’s property, you could have grounds for a lawsuit. Yet, there are a few key elements that must be met to have a valid case. First, you can only sue the person who controlled, owned, or operated the premises on which you fell. Here are the other three factors to consider.   

A Guide to the Necessary Elements for a Slip & Fall Lawsuit

1. Notice

Notice is the legal term for the defendant’s failure to provide a safe environment as a result of deviation from best practices or prior knowledge of—but failure to address—the hazard. In many cases, the defendant will have been unaware of the dangerous conditions, such as a crack in the sidewalk, but should have been performing regular inspections to keep the area safe. Failure to inspect the premises regularly does not hold up as an excuse for being unaware of a hazard on site.  

2. Hazardous Condition

Of course, to stand as a valid personal injury law case, the circumstances of your injury must have resulted from something dangerous. In other words, you can’t hold a property owner responsible for losing balance and slipping if there were no hazards present. Also, you must have been using the property as intended (i.e., not climbing on shelves in a grocery store). You’ll also need to prove that the property owner knew or should have known about the hazard.

3. Damages

In most personal injury cases, damages include medical bills and any lasting injuries the plaintiff may have. Yet, it’s critical for the injured party to prove that their injury was directly caused by the fall on the premises. You should, therefore, seek immediate medical care if you’ve been injured on a property that isn’t yours. If you wait too long, medical experts may not be able to prove that the injury was a direct cause of the incident.

Personal injury cases have many complexities, which is why it’s important to work with an experienced attorney. If you’re seeking legal representation for a slip and fall lawsuit in St. Charles County, MO, turn to Coyne, Cundiff & Hillemann, P.C. These trusted attorneys have more than 75 years of combined experience and work hard to secure the best outcomes for their clients. Call (636) 561-5599 to schedule an appointment, or see their full list of services online.