Wednesday, July 31, 2013

How To Prove A Supermarket Slip And Fall Accident Claim

How To Prove A Supermarket Slip And Fall Accident Claim



One of the most common establishments sued for slip and fall accidents are supermarkets.
A lot of people slip and harm themselves from substances on supermarket floors like water, omnifarious liquids from the goods, fruits, vegetables, condiments, ice, etc.
Some slip and fall accidents can also be caused by defects on the tar like cracked surfaces, broken tiles, airy holes and other defective and hazardous conditions.
If you are injured during a slip and fall accident, you may file a personal injury case against the hotelkeeper of the supermarket under the premises liability law.
Under this law, the host has a duty to exercise unbiased care to keep the people in and those expected to be in the supermarket safe from harm.
That power includes a duty to protect people from the risks of a dangerous aspect, provided that the host of the property knows of the factor or should have known about the parameter.
Failure to do so by the host will constitute negligence. However, it will be up to the victim to prove the negligence of the lessor.
To prove a premises liability claim, you must be able to land the following elements:
• Duty – You should be able to institute that the innkeeper of the supermarket has a duty to keep the people on the premises safe.
• Breach of duty – The proximate element you need to prove is that the lessor failed to fulfill his duty if he was not able to favor emphatic warning about the danger or did not take enough measures to withdraw the hazard from the premises.
• Proximate or actual cause – Breach of affliction is not enough to prove a personal injury case. You also have to prove that the accident caused by the break of anxiety also proximately or totally caused the injury.
o Actual cause – Means that the rift of albatross directly caused the accident
o Proximate cause – Deals more with probabilities. It means that the injury would not have happened if not for the substantive of the dangerous condition
• Damages – After you proven that the negligence of the lessor caused your injury, you now have to fanfare the losses you incurred as a fruit of the injury. It could be economic or non - economic loss.
o Economic loss – Refers to monetary losses like lost income and medical bills.
o Non - economic loss – Refers to losses that normally have no dollar equivalent. Examples would be emotional distress, and pain and suffering.
To help you stick and win your case against the supermarket landlord, you should consult an expert slip and fall accident attorney who specializes in premises liability.
But to further strengthen your case you can also follow the following tips if you are involved in a supermarket slip and fall accident:
• Take pictures of the accident scene including the dangerous property and the injuries you incurred.
• Contact the administrator to report the accident.
• Get the contact details of the witnesses.
• Seek medical treatment for your injuries

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