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What Needs To Be Proven In Order To Win A Slip And Fall Injury Claim?

Accidents and injuries usually happen when something happens outside of your control. It could also be due to someone’s negligence. Slip and fall accidents are common types of personal injury cases and the key issue in any slip and fall accident claim is proving liability. If you are fighting a personal injury lawsuit or pursuing an insurance claim, you need to be able to prove several things in order to win the slip and fall injury claim.

First of all, it is important to find out who the potentially liable parties are. Secondly, if those parties were actually negligent, could they have prevented the slip and fall accident by being more careful? Another factor to consider is whether or not the injured person could have anticipated the action and taken possible steps to somehow prevent that from happening.

Proving negligence and liability in slip and fall accidents

Settlement negotiation is one of the key stages of slip and fall cases. The term “reasonableness” often comes up in such cases and negligence has to be proven in order to hold someone liable for the slip and fall accident. For example, if the accident took place on someone’s property, the property owner may be held responsible for failing to act reasonably and ensuring safety on the premises. Some of the common questions that come up include the following:

  • Did the hazardous condition or obstacle exist long enough for the property owner or employee to have taken an action to remove it from there?
  • Did the property owner or workers check the premises routinely for any potential hazards and did they take measures to remove them?
  • Was there a reasonable justification for the hazard to be created in the first place, or at the time when the accident took place?
  • Could preventive measures have been taken in order to make the hazardous condition less dangerous?
  • Did any factors contribute in the slip and fall accident such as poor visibility, or oil or water spill?

The accident was not caused intentionally

In many slip and fall cases, the property owner may argue that the plaintiff was partially or totally responsible for the accident due to their own negligence. This legal concept is known as “comparative fault” where an argument can be made stating that the plaintiff contributed to the injury in some way or the other. If the plaintiff is found responsible for the injury, it will affect their ability to recover compensation.

Getting help in Slip and Fall Accidents

A personal injury lawyer can provide legal assistance in slip and fall cases. An experienced lawyer understands the basics of premises liability and slip and fall accidents and will know what arguments to use in the case. Anyone hurt in a slip and fall accident can contact a personal injury attorney for a free case evaluation and discuss if they can bring about an injury lawsuit. Once you have experienced legal advice, you won’t have to worry about the legal aspects of the case and can focus your efforts on healing of your injuries.

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