A Guide to Proving Fault in Slip and Fall Injury Cases
Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. Although compensation to victims of slip and fall injuries is supported by personal injury law, placing fault on the property owner is not always that clear cut. Let’s look at ways a personal injury attorney may succeed in demonstrating that a building owner is responsible for injuries incurred in a slip and fall scenario:
3 Conditions for Proving Fault
After you’re injured in a slip and fall accident on someone else’s building as a result of a dangerous situation, you may have a case in court if you can show the conditions below to be factual:
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1. Either the owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the owner of the building or their staff saw was aware of the dangerous condition but failed to correct it.
3. Either the owner of the building or their personnel caused the risky situation that led to slip and fall injury to the claimant.
When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In an incidence where a leaking roof over a stairwell is the root cause of the accident, for instance, how long the problem has been there uncorrected can show how reasonable the accused is. When the defect has been unattended for the past four months, it is less sensible that the property owner allowed it to stay unrepaired than it would have been if it had occurred only the night before the accident and the owner could not have fixed it before it had stopped raining.
To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. An example is a landlord not being at fault when a tenant trips over a rake on a yard since the object does not have to be always removed.
It may be difficult to make the case for slip and fall injury compensation in court, but there are circumstances that can be proved with the assistance of a great lawyer to apportion fault to the property owner.