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. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Conditions for Proving Liability 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 property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. Proving Reasonableness 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 stand a chance of placing fault on the property owner, you’ll need to show that they had the legal duty of reasonable care to act quickly and fix a dangerous situation within their property. For example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there. Slip and fall injury claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.