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 Prerequisites for Demonstrating Fault
After you’re injured in a slip and fall accident on someone else’s building as a result of a dangerous situation, you may have a case in court if you can show the conditions below to be factual:
A 10-Point Plan for Attorneys (Without Being Overwhelmed)
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.
Doing Experts The Right Way
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 Question of Reasonableness
If you’re determined to show a court that a property owner is legally at fault for your slip and fall situation, you’ll most likely need to illustrate, at some juncture, the reasonableness of the landlord’s actions or inaction. In a scenario where a leaking roof over a stairwell is the origin of the accident in question, for instance, how long the issue has stayed not fixed may explain how reasonable the owner 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 example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there.
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.