What Do I Need To Prove In Order To Win A Slip And Fall Lawsuit?
Personal injury lawsuits are often filed in New Hampshire because of slips and falls. But while many people may file these lawsuits, not all are successful. If your lawsuit fails, you will not receive a recovery. Without a recovery, you cannot pay for your medical expenses, recoup your missed wages, or collect for any other damages you might have experienced due to your slip and fall. So how do you win a slip and fall lawsuit? The key is to establish negligence, and this can be a fairly complex and involved process.
The first step is always to get in touch with a qualified, experienced personal injury lawyer in New Hampshire. Many lawsuits fail because plaintiffs choose attorneys who are inexperienced or underqualified. By working with the best attorney you can find in New Hampshire, you can raise your chances of a positive legal outcome significantly. These lawyers can also explain the general process of a personal injury lawsuit in much greater detail during your initial consultation.
What is Negligence?
In order to win your lawsuit, you’ll need to establish that the guilty party was negligent. This means that their behavior led directly to your accident and injury. In the case of a slip and fall, this negligence could manifest in a number of different ways. A classic example would be a wet floor in a grocery store. If the store knew, or should have known, of the spill and staff members fail to clean up the spill or at least warn people about the hazard, this can constitute negligence.
Another example would be if property owners fail to adhere to building codes. For example, staircases can be too steep or too shallow, with uneven steps and no handrails. If someone stumbles on these staircases, the building owner could be found negligent for violating the building code.
How to Prove Negligence
In order to prove that a business owner was negligent, you’ll need to establish that four elements are present. These are known as the “elements of negligence.”
- Duty of Care: The defendant owed you a duty of care. All property owners have a duty to ensure the safety of those on their premises.
- Failure of Duty: The defendant failed in this duty of care.
- Causation: The defendant’s failure led directly to your injuries.
- Damages: You suffered legitimate damages as a result of the defendant’s failure in their duty. For example, you might have suffered a broken leg, resulting in considerable medical expenses.
Enlist the Help of a Qualified Attorney Today
For help from a skilled Manchester personal injury attorney, contact the Law Offices of Manning Zimmerman & Oliveira PLLC. Over the years, we have helped numerous injury victims reach positive legal outcomes after slip and fall accidents. We know how life-altering these injuries can be, and we’re ready and waiting to guide you towards the settlement you need and deserve. Book your consultation today, and we can immediately get to work on an effective action plan.