How Do You Prove Negligence in a Slip and Fall Case?

Aaron Jainchill | | Slip and Fall
Lady worker suffering backpain from slipping at the stairs.

You must prove negligence in a slip and fall case to get compensation for your injuries. Proof requires showing that the property owner had a duty to provide safe premises and breached that duty by not fixing or warning of a hazardous condition, and that you suffered injuries and actual damages as a direct result of their breach.  

If you were injured in a slip and fall accident by a hazardous condition on someone else’s property, you could be entitled to compensation. An experienced Connecticut slip and fall accident attorney at Jainchill & Beckert, LLC, can review your case and explain the options available to you.

What Four Elements of Negligence Must You Prove in a Slip and Fall Case?

If you suffer a serious injury on someone else’s property in a slip and fall accident, you can pursue compensation from the property owner under the legal theory of premises liability. Under this theory, property owners or managers must maintain their property in a safe condition for visitors and guests, or warn of hazards that cannot be immediately repaired. The property owner owes no such duty to a trespasser.

You can show that the property owner was responsible for your injuries if you can prove the following elements of negligence:

  • Duty – You must show that the property owner had a duty of care to provide safe premises for you. If you had the right to be on the property as a customer or social guest, you can likely meet this element.
  • Breach of Duty – You must also establish that the property owner or manager failed to uphold their duty to you by failing to take the action that a reasonable person would have taken to make the property safe, such as mending broken steps, cleaning up a spill, or replacing a broken light in a dark part of the premises.
  • Causation – You must prove that the property owner’s breach caused your injuries. For example, you must show that you fell because of a broken step, or that you slipped on something you couldn’t see because the owner or manager had not replaced a broken light.
  • Damages – The final step in proving liability is to demonstrate that you suffered actual damages from the injury. These damages reflect physical, emotional, or financial harm, such as long-term pain or medical bills.

What Are Examples of Negligence in Connecticut Slip and Fall Cases?

Slip and fall accidents occur every day, but not all of them stem from the property owner’s negligence. Scenarios where the property owner or manager could be liable include slip and falls that resulted from the following:

  • Wet floors without warning signs
  • Ice or snow that wasn’t cleared from walkways
  • Clutter, trash, or cords left in walking areas
  • Torn, loose, or bulging carpets
  • Uneven sidewalks
  • Damaged flooring
  • Missing or broken handrails on stairs
  • Poor lighting that makes hazards hard to see
  • Slippery mats or rugs that slide underfoot
  • Leaks that create puddles on smooth surfaces.

What Steps Should You Take After a Slip and Fall?

When you suffer an injury in a slip and fall, your first action should be to get the medical care you need. In the days and weeks after the accident, take the following steps to protect your health and your claim for compensation from the property owner:

  • Report the injury to the property owner or manager.
  • Follow all your doctor’s advice and attend every follow-up appointment.
  • Keep everything, including all of your receipts, bills, and medical records related to your injury.
  • Don’t talk to any insurance company personnel or accept any settlement offers until you consult a lawyer.
  • Don’t post about your injury on social media because the insurer can take your words out of context to minimize your claim.
  • Contact an experienced Connecticut slip and fall accident lawyer at Jainchill & Beckert, LLC, right away.

What Evidence Helps Prove Negligence in a Slip and Fall Case?

Evidence that will be useful in proving that your slip and fall was caused by someone else’s negligence includes the following:

  • Pictures of the hazard
  • An official incident report about the accident
  • Maintenance records
  • Security camera footage or video from witnesses
  • Eyewitness accounts of the accident
  • Medical records that document your injuries
  • Receipts and bills that demonstrate your financial losses
  • A journal that records your daily pain, treatment, and challenges.

What Compensation Could You Recover in a Slip-and-Fall Accident Claim?

After you’ve been injured in a fall on someone else’s property, you could pursue compensation through a slip and fall claim or lawsuit. You could be entitled to money for your:

  • Medical expenses
  • Rehabilitative services
  • Custodial care
  • Lost wages
  • Lost future earning capacity
  • Pain and suffering
  • Depression
  • Anxiety
  • Loss of enjoyment of life
  • Property repair or replacement

Connecticut’s comparative negligence law could affect how much compensation you can obtain if you share fault for the accident that injured you. If you are more than 50 percent at fault for the accident, you cannot recover compensation. However, if you are not more than 50 percent at fault, you will receive compensation that is reduced in proportion to your fault.

How Long Do You Have to File a Slip-and-Fall Lawsuit in Connecticut?

Connecticut law gives you two years from the date of your injury to file a lawsuit against the property owner who harmed you. Don’t miss this important deadline. If you file your lawsuit late, the court can dismiss it without a hearing. You’ll lose your opportunity to pursue justice in court. You’ll also lose your best leverage against the insurance company, or the possibility of going to court.

Contact a Connecticut Slip and Fall Injury Lawyer

Jainchill & Beckert, LLC, has over 55 years of combined experience in fighting for injured people throughout Connecticut and has secured millions of dollars in compensation for our clients. We have a reputation for effective, personalized representation. You are never “just a case number” to us.

After you’ve been injured in an accident on someone else’s property, our dedicated and experienced slip and fall accident lawyers at Jainchill & Beckert, LLC, are here to demand the compensation and accountability you deserve.

Contact us today for a free consultation about the specific facts of your case. Your case review will be fully confidential.

Author Aaron Jainchill
Aaron Jainchill

Aaron has been practicing law throughout Connecticut for over two decades. In that time, he has developed a strong reputation for providing both excellent and compassionate legal representation to every client that passes through our doors. He has litigated cases in nearly every courthouse in the state, and our clients benefit from his deep knowledge of the law within his practice areas and beyond.  

Reflecting the high quality of his services, he has been certified as a Civil Trial Attorney by the National Board of Legal Specialty Certification. This honor is granted to fewer than 100 attorneys in the state, as well as fewer than 4% of attorneys nationwide. Aaron graduated from the University of Connecticut in 1995 and the Western New England University School of Law in 1998.