While accidents happen every day, many are the result of negligence on the part of others. This is especially true in numerous slip and fall accidents, which often produce broken bones, head injuries, and other serious injuries. However, while many victims in these cases believe they can easily win a lawsuit, the reality is these cases can be very complex. To determine liability in a slip and fall case, it is vital to prove the accident was caused by the property owner’s negligence, while also being able to defend against claims by the defendant’s attorney or insurance company that the victim’s carelessness led to the accident.
Elimination of Hazard
When a slip and fall injury occurs, it is very important for the plaintiff and their slip and fall attorney to prove the hazardous conditions that led to the accident, such as snow, ice, or puddles on a floor, were in place long enough for the property owner to know about them and take appropriate action to eliminate the hazards. In addition, certain acts that would have been done by a reasonable person under similar circumstances should also be proven, such as:
–Placing warning signs in the area
–Restricting access to the area
–Having adequate lighting to allow for clear visibility of the hazard
If you and your attorney can show the defendant failed to act in a reasonable manner, you will have a much greater chance of winning your slip and fall injury claim.
Defendant Creating the Hazard
Many times when a slip and fall injury occurs, it is discovered the defendant created the dangerous conditions that led to the accident. This can take many forms, such as spilling liquids in a store aisle and failing to clean the area or place warning signs nearby, leaving obstacles on steps where they know people will be walking, or perhaps knowing a parking lot is icy but failing to spread de-icing chemicals. Whatever the case may be, being able to have evidence such as photos or videos of the scene can be crucial in winning these cases.
No Contributory Negligence
If you are involved in these accidents, the defendant’s attorney or insurance company will be relentless in trying to prove you contributed to the accident or were completely responsible for the accident. Because of this, your slip and fall attorney must show your actions did not lead to the accident. For example, it’s important to show you were not talking on your cell phone at the time of the accident, which could have resulted in your failure to notice the hazard or nearby warning signs, or that you deliberately entered an area while ignoring posted warnings. If it is shown you did commit any of these acts, your chances of winning a slip and fall injury claim greatly diminish.
To gain a greater understanding of how these cases work and if you stand a reasonable chance of winning your slip and fall injury claim, speak with an experienced slip and fall attorney.