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How to Place Fault in a Slip and Fall Lawsuit Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. Although compensation to victims of slip and fall injuries is supported by personal injury law, placing fault on the property owner is not always that clear cut. 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 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 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. Proving 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 a case where the accident is caused by a leaking roof over a stairwell, for example, how long the defect has been left unattended to can demonstrate how reasonable the landlord 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. 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.