After being the victim of a slip-and-fall accident in Oklahoma City, you may be unsure if your case would be eligible for legal action. That’s why our Oklahoma City slip-and-fall lawyers at Warhawk Legal wrote this guide to navigate the complexities of slip-and-fall claims.
If you have any questions about any components related to a slip and fall case in Oklahoma City, call us at (405) 397-1717 or book an appointment online today.
The Importance Of Documentation In Slip and Fall Cases
Documentation in a slip-and-fall case is critical to the short and long-term success of the victim’s legal action. Without proper documentation, the victim will have difficulty proving the negligent defendant directly or indirectly caused their injuries.
Documentation serves the following purpose in slip and fall cases:
- Documentation shows the defendant owed the plaintiff a duty of care.
- Documentation demonstrates the victim was injured due to the negligence of the responsible party.
Types of Documentation In Slip and Fall Cases
Documentation that could prove useful in a slip-and-fall case includes:
- Photos or Video Evidence
- Surveillance Footage of the Scene
- Clothing and Other Physical Evidence
- Medical Records
- Eyewitness Testimony
How to Identify Negligence in a Slip and Fall Case
To prove negligence in a slip-and-fall case, a victim must typically demonstrate the following four elements:
- The individual or entity owed the victim a duty of care
- That duty of care was breached
- The breach caused injuries
- The injuries caused the victim damages
If these four elements were met, this could indicate the victim has the beginnings of a potential slip and fall case.
Proving Liability in a Slip and Fall Case
It’s important to ask questions when determining if the property owner had a legal responsibility toward the victim (thus establishing a duty of care). These questions help determine why the defendant failed to protect the victim from the hazards on their property.
So when determining liability, ask yourself questions such as:
- Was the victim there as an invitee or licensee with implied or expressed consent?
- Was the victim trespassing?
- Did the property owner regularly check for hazards on their property?
- Was there a system, such as permanent or temporary signs or announcements, to warn visitors of hazards on the property?
- Could the owner or property manager justify why the hazard existed and was not addressed, cleaned up, or fixed?
- Could any other cause be the reason the victim fell?
- How long was the hazard present on the property?
The Process Of Filing A Slip and Fall Lawsuit In Oklahoma
As we’ve established, you must demonstrate that the property owner had a duty to ensure safety and that this duty was breached, leading to your accident. Documenting the incident thoroughly right after the slip and fall incident, including photographs of the hazard, witness statements, and medical reports, is crucial.
Next, file a claim within Oklahoma’s statute of limitations, which is generally two years from the date of the accident.
We strongly recommend consulting with an Oklahoma City personal injury attorney who can help navigate the legal complexities, negotiate with insurance companies, and represent you in court to seek compensation for your damages.
If you need the expert guidance of the Warhawk Legal team, call us at (405) 397-1717 or schedule an appointment online.