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. Personal injury law may dictate compensation to the victim of a slip and fall accident, but determining the property owner is at fault may be tricky many times. 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 property or his employee should have been aware of the risky condition that led to the victim’s slip and fall injury because someone reasonable in the circumstances would have known about it and fixed it, preventing the accident.
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2. Either the owner of the property or their employee knew about the risky situation but failed to fix 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.
The Question 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 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 instance, a building owner may not be logically responsible for a tenant tripping over a rake on a lawn as that’s somewhere you’d mostly expect the object to be.
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.