How to Demonstrate Fault in a Fall Injury Case

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Thousands of injuries occur yearly, many of them severe, when people slip and fall on surfaces like floors and stairs that are slippery and hazardous. 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. Here’s how a personal injury lawyer may attempt to show that a property owner is liable for injuries suffered in a slip and fall accident:

3 Conditions for Proving Fault

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:

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. Read more great facts, click this homepage here.

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 Question of 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. If the leak has been there for the last four months, it is less reasonable for the landlord to let it remain unfixed than it would have been if it had just started the night prior to the accident and the landlord was waiting for rain to stop before they could fix it.  For more useful reference, have a peek on this site here.

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 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. Please view this site http://legalbeagle.com/4741042-personal-injury-settlement-work.html for further details.

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