Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

Understanding Causation In A Slip And Fall Injury Case

2 July 2018 by Kenneth Graham

In a personal injury case, causation is used to prove the link between an action or inaction and an injury. Causation is important because you can only claim personal injury damages from a defendant if you can prove that their actions or inaction led to your injury.

For example, just because you slipped and fell in a mall parking lot doesn't mean that the mall owners are responsible for your injuries. You must prove how the mall owners' negligence led to your injuries to mount a strong slip and injury case. In this context, proving causation involves proving that a reasonable person could have foreseen the property owner's negligence and its consequences and that without the negligence, you wouldn't have been hurt.

Steps to Proving Causation

You will need to prove causation if your slip and fall injury case ends up in court. Here is an example of how you can do this in a slip and fall injury caused by damaged floor tiles:

Showing the Property Owner's Negligence Caused the Hazard

Here, you have to prove that the property owner knew about the damaged tiles but did not fix them in time. Maybe the property owner did not conduct regular inspections of their property or did not react to the reports of their employees detailing the floor damage.

Showing That the Hazard Caused the Accident

Next, you have to show that it is the floor tiles that caused your accident. Just because you slipped and fell on the property doesn't mean that it was the damaged tiles. Maybe you were carrying more weight than you should have carried, you were wearing shoes with damaged heels, or you were distracted by your cell phone. You have to prove that it was the damaged tiles that caused your accident; witness testimony or surveillance video can help you do this.

Showing That the Accident Caused Your Injuries

You also need to prove that it was the accident that caused the injuries for which you are claiming damages. For example, if the insurance adjuster claims that you were injured in a prior accident, is there a way you can tie the injuries to the slip and fall accident? Again, you can do this via various ways including expert witness testimony, video footage, and medical reports, among others.

Showing That the Damages Arise From the Injuries

Lastly, you have to prove that the damages you are claiming are connected to the injuries you sustained in the accident. For example, if you are claiming lost wages, you must prove that you would have earned the wages without the said accident.

For more information, contact a law office like Gartner Law Firm.

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