What to prove in order to win slip and fall claim?
You have to understand that most accidents happen, and in those cases, injuries are often the result. However, when accidents are caused by something that was outside of your control, you may wonder whether you have any legal resources.
We decided to present your key issues in slip and fall accident claim. It doesn’t matter if you are pursuing personal injury lawsuit or insurance settlement, you will have to be able to prove that someone else is liable for your injuries.
The key questions are:
- Who are liable parties?
- Were those parties negligent?
- What does slip and fall claim mean?
Your idea is to hold another party responsible for damage and injuries that you have suffered. Therefore, you have to prove following:
- If property owner recognized a dangerous situation and condition and removed the potential danger, then you don’t have the case. The main question is whether your employer is a reasonable person who will provide you with the possibility to protect yourself from hazardous conditions.
- If property owner caused a dangerous situation that led to slip and fall accident, by leaving some obstacle, that way you have the case.
How to prove liability and negligence?
In order to create a negligent proof, you have to show that your employer or property owner has failed to act reasonably under circumstances that finally lead to an accident. The other factor is whether the employer could take actions in order to reduce the risk and remove the hazard.
In the same time, you have to file whether your employer had a policy of checking for all potential threats to property and whether all legal procedures were followed.
If there is no legal justification for the creation of hazard that leads to an accident, you have to contact slip and fall lawyer.
How to prove that you didn’t cause the accident?
The property owner or employer will always argue and say that you are responsible too for everything that happened. This argument is known as a comparative fault in legal concepts. There are some states that have legal laws that could lead to a shared fault and therefore the idea is to present your own perspective of the issues.
You have to answer these questions in order to determine who is responsible:
- Did plaintiff engage in any cause that will prevent you to see the hazard – such as texting on phone or talking?
- Did plaintiff had access to the location where the accident happened and was there any reason for him to be in the hazardous area?
- Where any signs available where you could notice that there is a possibility for an accident?
Whatever is the cause of fall, you have to provide all legal facts that occurred so that you can be relieved from any problems ad to take insurance money. There are some facts that you have to look into, and that is the main reason why you should include legal advice in order to understand everything that might happen.