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. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. 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 Liability
When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting the accident.
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2. Either the person owning the property or their staff did acknowledge the dangerous situation but did not resolve it.
3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant.
The Issue of Reasonableness
While you’re on track to prove to court that a landlord is legally liable for the slip and fall injuries you suffered, you’ll at some point be required to show the reasonableness of the property owner’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 strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. 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.
Slip and fall injury compensation is not always easy to win in court, although there are conditions that can be proved with the input of a good attorney to show liability on the landlord’s part.