All about slip and fall accident: Can you sue, what to prove, injury claim process
There are often times when you get into an accident on someone else’s property. Sometimes, it happens because of an action (or lack thereof) of the owner of that property, and if this accident results in any sort of injury to you, you may file a slip and fall lawsuit against the owner of that place. It is important to know that this is legal right, however, it’s not as easy as it sounds to prove in court that the property owner was, in fact, responsible for your injury. Here are some things you can do to prove that you were a victim. Here is what you must know first:
What you must provide evidence for
You must provide proof for the following things:
- If a person that had any sort of authority on the property (the owner or his employees) saw the danger but purposefully did not do anything about it. If, on recognizing the situation as potentially harmful, they failed to provide safety, then they can be held liable. However, it is a question of whether or not this person saw the situation as hazardous.
- If you believe that that hazard was purposefully created by the owner or anyone else on the property that worked there, or maybe it was even due to negligent behavior, i.e. leaving something dangerous on a walking path, then you need to prove how that could have been possible.
Proving negligence and liability
The one word that you will mostly likely hear a lot during these proceedings is “reasonable”. This is due to the fact that in order for anyone to be held responsible, they must have failed to act “reasonably” sensible in a dangerous situation. The judge decides what’s reasonable, so there isn’t much you can do there except emphasize the intensity of the situation.
- You may argue that the dangerous situation existed for a really long time without anyone tending to it.
Note that if there was a reasonable excuse for the hazardous situation to have been created, they cannot be held liable.
Were you to blame at all?
This may be difficult to prove, because you will have the most to lose. The defense might accuse you of causing the accident yourself, and if you are proven to share the blame, you will not receive compensation for the damage that has been caused to you. Answer these questions to yourself first.
- Did the defense engage in any activity that may have prevented them from noticing the hazard?
- Why were they in the dangerous area to begin with? Was it legal?
- Were there any warning signs posted at the scene of the fall? And did you choose to ignore these warnings and go there anyway?
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