Chain of Causation in Slip-and-Fall Accidents II
While some victims of slip-and-fall accidents may be tricked into thinking that immediate compensation can be received with minimal effort, they in fact have multiple burdens to meet, and legal points to establish, to hold another party legally liable for their injuries.
This is commonly known as a “chain of causation,” made up of four steps which demonstrate that the defendant was indeed responsible for the plaintiff’s accident. If you’ve been injured in a slip-and-fall due to another’s negligence, speak with an experienced personal injury attorney as soon as possible to establish these links and fight for your compensation.
Here are the four links which should be established:
- Breach & Hazard – This link can be established in a number of ways and is often the primary focus of a slip-and-fall injury claim. Was the property inadequately inspected or maintained? Did the property owner fail to warn the occupants of danger or potential hazard? Was there a hazard which the owner failed to identify or resolve in a timely manner? The property owner’s duty of care is his/her legal duty to ensure the safety of guests on the property (assuming they are not trespassing or otherwise legally prohibited from being on the property) and requires them to not only identify and repair unreasonable hazards on the property but also inform guests that such hazards exist.
- Hazard & Accident – Expert testimony is sometimes necessary to establish the direct link between the hazard on the property and the plaintiff’s accident, such as a defective handrail, inadequate lighting, lack of a “wet floor” sign, or a similar danger. Witness testimony is also highly beneficial to establish this link.
- Accident & Injury – For this link, personal testimony and medical documentation are necessary to demonstrate that the plaintiff’s current injuries resulted directly from the accident in question rather than a previous accident, illness, or medical condition. When the connection is not clear and obvious beyond a reasonable doubt, expert medical testimony may be necessary to correlate the injuries to the recent slip-and-fall accident.
- Injury & Damages – To connect injury and damages, “special damages” such as medical expenses and lost wages may be proven with documentation such as pay stubs and bills, while “general damages” are sometimes more difficult to prove. General damages are often subjective but can be demonstrated with photographs, videos, and personal journals which document the plaintiff’s injuries and lost quality of life during their recovery, and witness testimony – especially from close relatives and friends – is also beneficial for establishing this link.
Although fighting for your compensation can be a difficult process, your personal injury attorney will be there with you from start to finish to ensure that you are compensated for your injuries and losses.
If you or a loved one has been injured in a slip-and-fall accident due to negligence, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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