Slip and fall injuries are not always obvious. As a matter of fact, many injuries don’t manifest until days or even weeks after the incident, making liability even more difficult to prove. When you’ve been injured and would like to recover your medical expenses, lost wages, and/or pain and suffering, you want to have an experienced slip and fall injury attorney by your side. Consulting with an Oklahoma law firm is essential when pursuing a personal injury claim. The success of a slip and fall injury claim depends largely on how well your lawyer can prove the following things:
- Liability or duty of care
In a slip and fall case, liability or duty of care refers to a party’s duty to exercise the care toward entrants on their premises. Building owners have a reasonable duty of care to maintain the safety of their premises and repair damages so that invitees (guests, visitors, clients, store customers, etc.) are protected from injuries. The owner has a diminished liability/duty of care to a trespasser or a person entering the property without permission, as well as a permitted person who is in the property when it isn’t open to the general public. When pursuing claims for slip and fall injuries, your best chance at a successful outcome is proving that you are either an invitee or a licensee.
Demonstrating negligence is required in a slip and fall case. The main thing that a slip and fall injury attorney must prove is that the defendant or premises owner failed to act prudently in order to prevent the injury, therefore breaching their duty of care.
- Fault or responsibility
An additional element in a slip and fall case is the defendant’s responsibility or fault with respect to the injury. This is arguably the hardest aspect of a slip and fall case to prove. Fault or responsibility can be demonstrated by proving that the defendant directly or indirectly caused the accident.