How is negligence proven in a slip and fall claim? Negligence is proven by introducing powerful supporting evidence that establishes the defendant’s liability. We must be able to show that someone else’s actions or inaction directly or indirectly caused the injuries you suffered.
Your high-powered Las Vegas slip and fall lawyer will work with accident reconstructionists, forensic analysts, and other experts to determine how your injuries occurred and prove the defendant’s actions are responsible for your damages.
If we can establish the liable party’s negligence, we should be able to recover the fair compensation you are entitled to through your insurance claim or civil lawsuit. Here is more about how negligence can be proven in a slip and fall claim and how you can demand the at-fault party be brought to justice.
The Burden of Proof in Slip and Fall Accident Claims
The burden of proof in slip and fall claims and all personal injury lawsuits is based on a preponderance of the evidence. As described under NRS § 233B.0375, this means the evidence presented in court must be clear and convincing to prove negligence. The defendant’s liability does not need to be proven beyond a reasonable doubt.
In criminal court, the prosecutor needs to prove the defendant’s guilt beyond a reasonable doubt according to NRS § 175.211 if they hope to secure a conviction. However, as long as the evidence presented clearly supports the defendant’s liability for causing the accident you were involved in or the injuries you suffered, you should be able to recover compensation for your losses. For this reason, one of our top priorities will be a comprehensive investigation into the cause of your slip and fall.
We may need to work with professional experts to conduct a deep dive into the property owner’s finances, business documents, and other financial records to establish blame. Essentially, we must show that they failed to take action or made a decision that directly or indirectly caused your slip and fall. Our analysis of your accident will help us uncover the truth.
Understanding the Elements of Negligence
The elements of negligence are essential to the success of any slip and fall accident case. According to the Nevada Civil Jury Instructions, we must establish the defendant’s negligence and liability for the jury to return a verdict in your favor. The elements of negligence are as follows:
- Duty of care – We must show that the defendant owed you a duty of care. This means they must have been responsible for your safety.
- Breach of duty – We must show that the defendant failed to uphold their responsibility to your safety through action or inaction.
- Causation – We must then present evidence that links the defendant’s conduct to the cause of your slip and fall accident.
- Damages – We must demonstrate that you have experienced considerable losses, whether they are emotional, physical, or financial.
Let us look at an example. If you were a tenant in an apartment building and fell off your first-floor balcony, shattering your knee, your property owner may be found liable. We will need to show that the property owner had a duty to maintain the safety of the premises and failed to uphold this duty to make necessary repairs to the balcony railing, which ultimately caused the injuries you suffered.
We will introduce medical records, personal journals, and other compelling evidence to establish the severity of your damages.
We Must Obtain Powerful Supporting Evidence
Your Las Vegas premises liability lawyer will be responsible for investigating the accident. Our team of legal professionals will carefully examine the accident scene, medical records, and other supporting evidence to establish the defendant’s negligence.
Here are some of the most powerful types of evidence we will be looking for:
Complaints to Property Owners
In many slip and fall accident claims, property owners are held accountable. This is because property owners can be found negligent when they fail to make necessary safety repairs.
We will be looking for former complaints that may have been made to the property owner which would indicate that they have repeatedly received complaints from other guests, patrons, or tenants that the property owner ignored.
Lack of Inspection or Repair Records
Property owners have a duty to inspect their premises regularly. If we do not find recent inspection reports or repair records that indicate property owners have made necessary upgrades or repairs, this may be a sign that they have failed to uphold their legal obligations. This would leave them open to liability in insurance and civil claims.
Medical Evidence
Medical evidence can also be used to prove negligence in a slip and fall claim. Your healthcare providers may include valuable insight into how your injuries may have occurred. Often, the types of injuries victims suffer indicate the type of accident or incident that caused them.
Witness Testimony
Witness testimony will be an integral element of the claims process. Witnesses to the accident can testify as to exactly how the accident occurred without bias. If their testimony corroborates the other evidence we have presented at trial, we should have no problem recovering the compensation you deserve.
Reports From Accident Reconstructionists
Our team will need to hire accident reconstructionists to analyze the accident scene. Any pictures or videos you might have from the accident scene that our team can use to recreate your slip and fall accident could be incredibly helpful in establishing negligence and liability. We may also request our accident reconstructionists testify about their findings on your behalf at trial.
Consult a Knowledgeable Slip and Fall Accident Attorney for Help Today
Building your case against the property owner or other liable party does not need to be overwhelming. While you recuperate, your dedicated Las Vegas personal injury lawyer can start investigating, analyzing evidence, and establishing the defendant’s liability for your injuries and damages. Once we have the compelling evidence we need to prove negligence in a slip and fall claim, we can proceed with your insurance and civil claims.
When you are ready to fight for the compensation you deserve, do not hesitate. Reach out to H&P Law for a 100% free consultation. You can reach us through our secured contact form or by phone to get started on your case as soon as today.
