According to the Mississippi Department of Environmental Quality (MDEQ), warning signs for slippery areas are crucial when protecting visitors from hazards. This lesson applies not only to government facilities, but also to private businesses across the state. A “wet floor” sign is only one example of a reasonable step to prevent falls, and there are many other strategies that can prevent injuries. However, many property owners fail to take necessary precautions, and innocent people pay the price. Those who have suffered slip-and-fall injuries may wonder how to take legal action. How exactly does one establish a slip-and-fall personal injury case? Consider speaking with a personal injury attorney in Mississippi to explore this question in more detail. Lott Law may be able to provide guidance, and injured victims can call (228) 215-2787 to discuss this subject further.
Seeking Treatment
While it is easy to focus on the legal aspects of a slip-and-fall personal injury case, medical treatment is a top priority. In the immediate aftermath of a fall, victims should consider focusing on their own health. Those who are physically able may want to call an ambulance. If a fall incapacitates a victim, they will likely regain consciousness at a nearby hospital. Whatever the case may be, accept treatment from first responders and allow doctors to provide treatment. Even if it feels as though the injuries are light, refusing treatment may cause significant medical issues down the line. Until victims see medical professionals, it is likely impossible for them to self-diagnose. Even a slight knock can lead to intracranial hemorrhages, hairline fractures, deceptively serious strains, and other difficult-to-detect injuries.
While treatment provides the best possible chance of a positive recovery, it also increases the chances of success during a slip-and-fall personal injury case. Victims use their medical records to prove that their injuries are legitimate. They also use these records to establish that their injuries were not pre-existing, and that they occurred as a direct result of the fall. In other words, medical records often form the foundation of a successful slip-and-fall lawsuit.
How to Establish Negligence During a Slip-and-Fall Case
Aside from injuries, there are three other “elements” of negligence that victims need to establish after slips and falls. Victims need to show that all four of these elements are present if they want to establish negligence. If victims cannot establish the elements of negligence, they usually cannot pursue compensation for their damages. Strict liability is one potential exception to this rule.
Duty of Care
The first element of negligence is “duty of care.” Private business owners and property owners owe the public a reasonable duty of care. They must take various steps to make sure their premises are safe. For almost all businesses, this means keeping their premises free from walking hazards. These walking areas might include stairwells, grocery store aisles, hallways, parking lots, pathways, bathrooms, and so on. Aside from private property owners, government entities also owe people a duty of care when they traverse public properties like courthouses, police stations, post offices, and so on.
Breach of Duty
A victim must also establish a “breach of duty” when pursuing compensation after a slip and fall. A breach is a failure or mistake of some kind that violates the duty of care. Examples of breaches are almost limitless, ranging from simple mistakes to serious, reckless acts. A grocery store manager might fail to clean up a puddle of spilled juice. A hotel owner could fail to replace a light bulb in a dark stairwell. A hardware store owner may neglect to fix a set of broken stairs in a hallway. Whatever the case may be, these breaches can lead to falls.
Causation
A breach does not always lead directly to a slip and fall. Even though it might be clear that the property owner did something wrong, victims can only sue if they can establish “causation.” In other words, they must connect the dots between the breach and their injuries. For example, a hardware store owner might have failed to fix a staircase in their parking lot. But if a victim successfully navigates these stairs before tripping over their own shoelaces, there is no connection between the two events. An experienced personal injury attorney may be able to help plaintiffs establish causation with confidence.
What Kind of Evidence Do I Need to Establish Negligence?
Various evidence could prove helpful as victims strive to establish negligence. Perhaps most obviously, medical records can establish the legitimacy of injuries. When establishing duty of care and breaches, victims might need to review the written policies of the businesses in question. These might include safety policies, and these documents might include details about when and how employees should clean up spills. The Mississippi Building Code may also prove informative, as it outlines various safety standards for all private businesses in the state. These safety regulations might involve mandatory handrails in certain areas, minimum lighting requirements, and much more.
When establishing causation, victims might need more specific evidence. This evidence should highlight exactly how the fall occurred and how it was connected to the breach. Video surveillance footage can be incredibly helpful in this scenario, and it may show the accident in detail. Eyewitnesses may also provide their own accounts of what they saw. After a fall, a victim might take photographs or videos of the surrounding scene, including the specific hazard that caused their fall. This might include a banana peel on a grocery store floor, or a rotting wooden staircase that collapsed underfoot.
Discuss a Potential Personal Injury Case With Lott Law
While there are a few universal rules when establishing a slip-and-fall personal injury case, the most appropriate strategy depends entirely on the factors surrounding each case. Negligence encompasses many careless and reckless acts, and victims might need different types of evidence as a result. Some properties have surveillance cameras, making it easy to gather clear footage of the accident in question. In other locations, victims might need to rely on eyewitness accounts instead. These varying factors highlight the potential advantages of discussions with personal injury lawyers in Mississippi. During these consultations, victims can assess their options and determine the most optimal pathways toward compensation and justice. To continue this discussion, consider contacting Lott Law at (228) 215-2787.
