Proving Fault in Slip and Fall Claims -Tips on How to Win the Legal Battle
“Slip and fall” accidents may occur if an individual slips or trips and then injured on someone else’s property. It is also known as the “premises liability” claims. In this case, the property owner may be legally responsible for the accident if proven faulty.
If you decide to pursue an insurance settlement or personal injury lawsuit, then you must know who is liable for the accident. You need to prove that someone else, probably the property owner, is liable for your accident.
On the other hand, sometimes, it is hard to prove who could be at fault for a slip and fall accident whether it could be the owner of the property or you from being careless on not anticipating the condition that caused your accident.
There are some liability questions in slip and fall cases that you need to know and tackle. Among them are the following:
- Who are the liable parties?
You have to determine which parties caused your slip and fall accidents. These include the property owner or a company who owns the property.
- Are those parties negligent that caused or failed to prevent the slip and fall accident?
Of course, you have to contact a slip and fall accident lawyer that will provide you with all the necessary legal advises regarding your case. With this, you have to determine if the parties are actually liable for your accident.
How to win the case for your injuries?
The defendant would likely instill that the person’s injured carelessness contributes to the cause of the accident. With this, you must be able to show the following in order to win your case:
- The property owner or his employee is aware about the harmful condition. On the other hand, he did not repair this condition. One example of this is having a wet floor, yet did not warn passers-by that they might slip on the floor or did not put signs on the wet floor. Another case is not repairing uneven ground that may lead to severe serious injuries.
- The property owner or his employee caused the dangerous condition. Examples of this are spilling, worn or torn spot, glossy flooring stairs that may be slippery and broken flooring, among others.
- The property owner or his employee should have known of the unsafe surface because a “reasonable” person taking care of the property would have known and removed or repaired it. This is one of the most common situations that are usually resolved by common sense.
- Poor lighting and visibility caused the slip and fall accident.
Meanwhile, the judges and juries would determine whether the property owner or the occupier takes to keep the property safe are reasonable, which means the owner makes efforts to keep the property safe and clean.
Tips to consider on how to have a slip and fall claim
There are also several other steps to strengthen your case. Here are some tips you should contemplate before you pursue a claim:
- Proving you were injured
To prove that you were injured because of a slip and fall case, you must show medical records. This will be accompanied by your health care providers that could establish the link between the fall and your injuries.
- Proving a dangerous property actually existed
The existence of the property and it’s conditions that caused your fall must be proven. You have to prove that the property owner has noticed the dangerous conditions. To show that it existed you may present pictures, video surveillance, incident reports or sworn testimony.
- Keep a record of your injury
It is advisable that you keep a journal writing your experiences related to your injuries.
- Monitor your expenses
Keep a record of your expenses that you had when you were injured. You can then represent them to your lawyer and in court.
- Do not ask for more
It is recommendable that you just ask what are you entitled to. Do not exaggerate your injuries and ask for more.
- Employ a proficient lawyer
You must hire a lawyer that is specialized in slip and fall claims. Be certain that the lawyer you hire knows the trouble and irritation involved in it and how to further explore it.
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