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

Every year, there are millions of slip and fall accidents in the US. Some of these are due to workplace conditions, others are on public or private properties. When someone suffers a slip and fall accident, they may be entitled to compensation if it was due to negligence.

But how do you prove negligence in a slip and fall accident in Mississippi? This can be tricky, and it requires an experienced eye to assess the situation. We strongly recommend that anyone suffering from a slip and fall accident consult an experienced attorney to understand the legal options available.

We offer free consultations at Merkel & Cocke, P.A. Contact us to request yours. Below, we explain how negligence may be proven in a slip and fall case.

Where can slip and fall accidents happen?

A slip and fall accident can happen at:

• Someone’s house
• A rental property
• A retail store
• A restaurant
• A supermarket
• A convenience store
• Parking lots or garages
• Hotels or resorts

These types of accidents are extremely common in places of business where there are frequent visitors.

Signs of possible negligence to support liability in a slip and fall accident

Slip and fall accidents may be due to negligence. An experienced attorney can help clients identify if a case is caused by someone else’s negligence. Common forms of negligence include:

Inadequate lighting

Poorly lit areas make it harder for people to see steps, raised places on the ground, or other items that may cause a fall. Slick conditions without proper lighting create a dangerous situation.

Failure to notify of slick conditions

A property owner may be liable if they knew or should have known about a dangerous icy condition and failed to address it within a reasonable time. Did they know, or should they have known, about the hazard? If so, and they failed to take steps to remedy, that may be considered negligent.

Exposed liquids

If something has spilled in a walkway and there isn’t a sign or someone to navigate people around it, it may cause a slip and fall accident.

Debris or other items in walking paths

Property owners generally owe invitees a duty to maintain reasonably safe premises and warn of hidden dangers that are not readily apparent. Failure to do this may constitute negligence.

Failure to alert to dangers

Other dangers may include broken or cracked steps, exposed wiring, or a lack of handrails. The owners of a residential or commercial property must demonstrate reasonable care to create a safe condition. They must also warn of hidden dangers when they know about them.

What kind of injuries can occur after a slip and fall accident?

Depending on the type of fall and the conditions, one or more injuries could occur. We’ve outlined some of the most common injuries we see below:

Fractures

A slip and fall may result in a fracture. Elderly individuals or those with weaker bodies may be more likely to experience this type of injury. A fracture can happen anywhere in the body, but it’s most frequently in:

• The arms
• The legs
• The wrists
• The hips
• The ankles
• The ribs

A fracture may or may not require surgery to resolve. Many fractures take weeks to heal, leaving claimants struggling to function or work.

Traumatic brain injuries (TBIs)

TBIs are injuries that affect the brain. They may include concussions, bleeds, fractures, or contusions. TBIs may be penetrating or non-penetrating injuries. They cause a wide range of symptoms, including:

• Nausea or vomiting
• Dizziness or balance issues
• Memory loss
• Personality or behavior changes
• Slurred speech
• Changes in sleep
• Many more

TBIs can impact every part of someone’s life. These injuries are slow to heal and difficult to manage at times.

Soft tissue injuries

Soft tissue injuries are those impacting muscles, tendons, or ligaments. They may include tears, sprains, or strains.

Back or neck injuries

Back and neck injuries may include strains, fractures, cord injuries, or worse. These types of injuries are very common in slip and fall accidents.

Lacerations or bruises

Some people may have lacerations on their bodies or bruises from the accident. Some lacerations need stitches to close the wound.

Who may be liable after a slip and fall accident?

When someone visits property as an invitee (such as a customer in a business), the owner must exercise reasonable care to keep the premises reasonably safe. This means they are responsible for maintaining a reasonably safe space for individuals free of hazards that may cause slip and fall accidents. Responsible parties may include:

• Homeowners
• Company management
• Property management

What kind of damages may be possible after a slip and fall accident?

After a slip and fall accident, claimants may fight for fair compensation for damages suffered. This may include the actual fall’s impact, such as medical expenses or property damage. It may also include current or future lost wages and/or pain and suffering. Also, Mississippi follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially at fault for your fall, though your total award will be reduced by your percentage of responsibility.

When someone’s negligence results in a slip and fall accident, the injured individual may face long-term or life-altering changes. They may have a diminished quality of life. Depending on the situation, some or all of the above damages may be sought after.

To learn more about your legal options for your unique situation, we encourage you to reach out to an experienced attorney.

How can a personal injury attorney help a client?

A personal injury attorney supports clients throughout the claim and negotiation process. If a claim ends up going to trial, the attorney serves as a legal advocate for the client. They negotiate with insurance companies and fight for fair compensation.

A slip and fall accident attorney also has the experience and knowledge needed to streamline the claim process. They have helped other clients in similar situations, so they can serve as a guide to help clients build a stronger claim. Your lawyer may engage the help of an expert, like an engineer, construction professional, safety expert, or medical professional. That expert can explain to a jury why a building wasn’t up to code, why a business failed to meet safety standards (including industry guidelines like ANSI standards), or how your injuries are really more severe than the defense might argue. Technical proof is often a cornerstone of a strong personal injury claim.

Also, property owners may argue a hazard was ‘open and obvious.’ In Mississippi, this usually doesn’t stop your case entirely, but it can reduce your compensation based on your percentage of fault, so you need an attorney who can push back against those defenses.

Contact Merkel & Cocke, P.A., for a free consultation today

Slip and fall accidents may be challenging cases for injured individuals. They may find it beneficial to hire a personal injury attorney to support them throughout the legal process.

At Merkel & Cocke, P.A., we offer free consultations. We can learn the details of your unique situation and educate you on the legal options available. Contact us today to request a consultation.