How to Prove Negligence in an Oklahoma Slip and Fall Case

A sudden bad fall happens in an instant, but the physical and financial impacts can last for months or longer. In the worst cases, a fall has permanent adverse effects. Knowing the slip and fall accident was preventable if a property owner had taken reasonable care only adds to the frustration and distress.

Although no legal process can erase the injury, the civil courts offer Oklahoma slip and fall victims a means of redress through a premises liability case to hold a negligent property owner financially accountable. An Oklahoma City slip and fall lawyer can guide you through this process and fight for the justice you deserve.

If you or a loved one has been injured in a slip and fall, don’t wait to protect your rights. Contact an experienced slip and fall attorney to discuss your case and pursue the compensation you deserve.

Understanding Negligence in Oklahoma Slip and Fall Cases

All property owners have a legal duty of care to keep their premises reasonably safe. Even homeowners must perform basic maintenance to ensure that delivery workers and others legally entering the property don’t suffer an injury.

Commercial property owners, such as store, restaurant, and hotel owners, have an enhanced duty of care because they invite others onto their property for business purposes. Unfortunately, many property owners postpone necessary repairs, cut corners, and fail to promptly address known hazards, including slip and fall dangers.

When a property owner doesn’t take the care that a reasonable property owner would under the same circumstances, it’s legal negligence. Successfully proving property owner negligence requires an Oklahoma City slip and fall lawyer to demonstrate the following:

• The property owner owed a duty of care to the slip and fall victim, who was legally on the property and not trespassing or committing a crime
• The property owner breached this duty of care through negligence
• The breach of duty directly caused the slip and fall accident injuries
• The injury victim suffered damages

Damages in slip and fall accident cases in Oklahoma range from a single emergency room bill and a few days of lost pay to lifelong disability, but commonly include total medical expenses, lost earnings, and compensation for pain and suffering. 

According to the CDC, falls are the leading cause of traumatic brain injuries and the most common cause of life-altering hip fractures in elderly Americans.

What Evidence Do I Need to Prove a Slip and Fall Accident?

Gathering evidence and taking the right steps after a fall on someone else’s property not only protects your physical health but also your financial well-being. Unless you are unconscious or incapacitated, preserving evidence of negligence begins at the scene of the accident by taking the following steps:

• First, call 911 to request an ambulance for severe injury or arrange transportation directly to an emergency room from the accident scene
• While waiting, take photos of the cause of the fall, whether it’s a broken step, a wet floor, or another hazardous condition
• Photograph any visible injuries, like cuts, bruises, and broken bones
• If the slip and fall occurred on commercial property, ask the owner or manager to fill out an accident/incident report and to preserve any security camera footage
• If any eyewitnesses to the fall are present, add their contact information to your phone

At the hospital, you can continue to gather evidence to help a slip and fall attorney prove the property owner’s negligence and the full extent of your damages by having a complete medical evaluation to assess any injuries with delayed symptoms. Request a detailed medical report, then save your medical bills and receipts for related expenses.

Under Oklahoma’s modified comparative negligence law, an injury victim has the burden of proving a property owner’s negligence through a preponderance of the evidence, which requires showing that it is more likely than not that the property owner’s lack of reasonable care caused the injury. An experienced Oklahoma City slip and fall lawyer understands how to gather compelling evidence and build a strong case to meet this burden of proof.

Contact an Oklahoma City Slip and Fall Attorney At Dan Davis Law