Although many of us have slipped and fallen one or a few times in life because of clumsiness or distractions, there are some situations where a slip and fall accident is caused by a hazardous condition. Whether you are shopping at a grocery store or visiting a friend at their home, property owners must protect the safety of their guests and patrons, which means ensuring that the premises is reasonably safe.
If you suffered a serious injury in a slip and fall accident, you may be able to recover financial compensation from the property owner if he/she acted negligently when the incident occurred. However, there are several elements you need to prove in order to succeed in a slip and fall claim.
The following are the four elements a plaintiff must prove in a slip and fall lawsuit:
Duty of Care – As we mentioned earlier, property owners have a duty to maintain their property in a reasonably safe condition for guests and patrons. Property owners are also responsible for conducting routine inspections for any dangerous and defective conditions on the premises and warning guests and patrons of any known hazards.
Breach of Duty – A property owner breaches their duty of care by failing to maintain the premises in a reasonably safe condition, failing to make timely repairs, or failing to warn guests and patrons about dangerous and defective conditions. Keep in mind, the plaintiff must show that the dangerous or defective condition that caused their injury was apparent long enough for the property owner to identify and address the issue.
Causation – A property owner’s breach of duty was the proximate cause of the plaintiff’s injury. In other words, the property owner’s failure to repair or warn guests and patrons of a dangerous or defective condition resulted in an injury.
Damages – The plaintiff suffered damages from the property manager’s negligence. There are generally two types of damages: economic damages (e.g., medical expenses, lost wages, property damage, etc.) and non-economic damages (e.g., pain and suffering, emotional distress, etc.). Yet, if a jury finds the property owner to be grossly negligent, then the property owner may be liable for punitive damages.
If you have been injured in a slip and fall accident in Hartford, Stratford, or Bridgeport, contact Zayas Law Firm today at (860) 854-9156 for a free consultation. Serving clients throughout Connecticut since 1990!