The Stages of a Slip and Fall Negligence Case

It is a good idea for store owners to provide "Caution" signs.

You can pursue a slip-and-fall law suit when someone has demonstrated negligence. For example, a customer may have spilled something in a grocery store and employees neglected to clean it up. You may have walked into the spill and slipped because there were no "Caution" signs to warn you of the spill. If you have found yourself in a similar position, you need certain elements to make a case.

Duty

Prove that the grocery store owed a duty to its customers. Duty is measured by the skill and knowledge of ordinary grocery store employees within the community. In this case, grocery store employees have a duty to clean up spills, warn customers of spills or at the very least be knowledgeable that accidents can occur, resulting in spills, and thus stay vigilant in their work areas.

Breach

Prove that the grocery store breached that duty. Evidence of the duty's being breached lies in the fact that there was a spill on the floor that no one cleaned up, and there was no sign warning customers of the spill. The problem that plaintiffs may have here is proving whether or not an employee or owner knew or should have known that something had been spilled on the floor. If the owner did not know of a spill, the question that remains is, "Was there a breach of duty?"

Injury

Prove that the grocery store's breach of the duty caused your injury. For example, you slipped and fell in a grocery store, and as a result of that slip and fall, you injured your leg. You must show proof of this injury and that the fall in the grocery store caused the injury. Vague pictures of a leg injury from a questionable date will not work; therefore, you should carefully document everything stemming from the accident.

Damages

Prove that the injury caused you damages. Damages are most important in negligence cases; if the plaintiff cannot prove damages, he does not have a case. Monetary awards are requested in tort cases, so if the plaintiff cannot prove monetary damages, then there would be no reason for a judge to order a monetary award. In the case of the slip and fall, you have injured your leg. If you went home, placed an ice pack on it, and that was it, you probably have no case. If you went to the hospital, got x-rays and a diagnosis, your monetary damages have already started racking up.

References

• Lawfirms.com: Elements of a Successful Slip and Fall Claim
• Millar & Mixon, LLC: Atlanta Slip and Fall Attorney