If you were injured in a slip and fall accident while inside another person’s property, you may be eligible for compensation. Your medical expenses, lost wages, and pain and suffering, among others, can be compensated. To be eligible, you must prove that the property owner knew the hazards that caused your slip and fall on their premises. This knowledge in slip and fall cases is known as notice.
An experienced slip and fall accident lawyer can help you navigate the complexities of proving a slip and fall claim. In the meantime, understand the basics of notice in fall accidents in this article.
The Role of Notice in Slip and Fall Cases
Notice plays a crucial role in claiming compensation when you get injured while on another person’s property, such as a grocery or supermarket, apartment complex, parking lot, etc.
To prove your claim, you must show that the owner of the property or business created a dangerous condition or that they were aware or should have been aware that a dangerous condition existed. In other words, the business or property owner had notice of such a dangerous condition.
Actual vs Constructive Notice in Slip and Fall Cases
There are two types of notice in slip and fall claims: actual and constructive notice.
Actual notice means that the owner knew the dangerous condition or defect. For example, they were informed about it verbally or through written communication like a letter or an email.
Constructive notice means that the owner should have known the dangerous condition or defect. The danger or defect will be known to the owner if they conduct their duty to maintain the premises regularly. Otherwise stated, the owner’s constructive knowledge is based on their exercising reasonable care. For example, a broken pipe that’s been causing leak and flooding for a month would be something the owner would know because they are supposed to have the floors cleaned regularly. If they deny knowing about the flooding, they’d deny regularly cleaning the floors. In effect, they’d admit that they didn’t exercise reasonable care and were, therefore, negligent.
How to Prove Liability in a Slip and Fall Case
There are four things that you need to prove to establish liability in a premises liability case: duty, breach of duty, causation, and damages.