How to Place Fault in a Slip and Fall Lawsuit Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. 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. Let’s look at ways a personal injury attorney may succeed in demonstrating that a building owner is responsible for injuries incurred in a slip and fall scenario: 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:
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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 owner of the property or their employee knew about the risky situation but failed to fix it. 3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. The Question 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 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.