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. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. 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 Prerequisites for Demonstrating 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 owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the owner of the property or their employee knew about the risky situation but failed to fix 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 an incidence where a leaking roof over a stairwell is the root cause of the accident, for instance, how long the problem has been there uncorrected can show how reasonable the accused 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. 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.