How to Place Fault in a Slip and Fall Lawsuit
Slipping and falling on surfaces like the floor or stairs that are slick and risky results in thousands of injuries each year, numerous of them serious. 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 Liability
If you’re a victim of slip and fall injury on someone else’s building owing to a dangerous condition, you’re more likely to win your lawsuit if you demonstrate one of the following conditions to be true:
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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. The perilous condition that resulted in slip and fall injury to the plaintiff was caused by either the property owner or their staff.
The Issue 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 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. 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 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.