You slipped and fell on someone else's property. You allege that it was negligence. That person says it was your own fault.
Determining fault is huge when considering medical bills and potential compensation. How do you show that negligence led to the fall through no fault of your own?
Below are a few potential signs of negligence:
- There was a wet area on the floor and no barriers were used to close it off.
- The floor was being cleaned, so it was slippery, but crews did not use barriers or warning signs.
- The wax or polish that was put on the floor was either applied unevenly or an excess amount was used.
- There are significant differences in conditions from one part of the floor to the next, such as a treated and untreated section. Without warning signs, the change can make you slip.
- The floor slopes upward, but it was still polished or waxed, making it unsafe.
- Nonslip ingredients were supposed to be used in the floor treatment, but they weren't.
- A carpeted area is worn out, torn and loose.
- Stairs are worn down or poorly repaired.
- Stairs is missing necessary handrails, or those rails are broken.
- The floors or stairs haven't been cleaned and they're covered in debris.
Essentially, you're looking for a condition that clearly presents an increased danger, that the property owner knew about or should have known about. If he or she did nothing, that could constitute negligence and show that you were not responsible for the fall. If so, you may then have a right to financial compensation.
Source: FindLaw, "Indoor Slip and Fall Accident Conditions," accessed Nov. 30, 2017