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How to Place Fault in a Slip and Fall Lawsuit Thousands of injuries occur yearly, many of them severe, when people slip and fall on surfaces like floors and stairs that are slippery and hazardous. 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. Here’s how a personal injury lawyer may attempt to show that a property owner is liable for injuries suffered in a slip and fall accident: 3 Conditions for Proving Fault When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting 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. Proving 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 strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. An example is a landlord not being at fault when a tenant trips over a rake on a yard since the object does not have to be always removed. It may be difficult to make the case for slip and fall injury compensation in court, but there are circumstances that can be proved with the assistance of a great lawyer to apportion fault to the property owner.