Do you have a claim for a slip and fall accident
There are more slip and fall claims than any other personal injury claim. Slip and fall claims are difficult. The law varies from state to state so contact an attorney in your state for the law and the time limits.
The accidentLet's assume you fall because of a hazard on the floor. You must prove the accident happened. You can testify, but it will help a lot if others saw the accident or you have other independent evidence. Many stores have security cameras and often that video tape will confirm the fact of the accident, and perhaps how long the hazard was on the floor. The time the hazard was on the floor is important to show notice often an essential element of the claim.
NoticeWith a premises liability claim often you must establish notice on the part of the wrongdoer to establish negligence. If you fell in a puddle of water just created by a customer before the store knew about the hazard, the jury might let them off the hook saying the store didn't have enough time to correct the problem. If the water had been there all day, you have a different story. If a store employee created the hazard, you have established notice, and you can move on to other issues like comparative fault.
Comparative faultThe larger the hazard, the easier it is to prove that the wrongdoer had notice. However, if the hazard is open and obvious, you may have some degree of fault. In some jurisdictions, the claim will be barred if you are at fault. Many jurisdictions have a comparative fault law, and your percent of fault would reduce your recovery. Some jurisdictions like Kansas will have your claim barred if you are 50% or more at fault. In pure comparative fault jurisdictions, your fault will not bar the claim.
DamagesFinally, you must prove that you were injured and that your injuries resulted from the fault of the wrongdoer. This part of the claim is called damages. You are awarded money damages if the other side has violated their duty, and that violation caused your injury. If you have a history of physical complaints in the same area of the body, it might be hard for a physician to testify that the problems you are now having resulted from this fall.
I have reviewed here just some of the elements you would have to prove in open court should your case go to trial. There are other elements of the claim and the elements vary from state to state. Contact an attorney in your state for the law and the time limits.