How to Prove Fault in Slip and Fall Incidents
With many people getting injured by slips and falls, sometimes it’s not necessarily your fault. It might be due to the property owner, or maybe the business.
If you’ve suffered a slip and fall injury, there are a few things that you need to look at first.
First, think if it’s normal for you to slip and fall on that, or if there are uneven surfaces, look at whether or not it’s useful for you.
If the owner of the property isn’t held responsible for cleaning it up, sometimes you need to figure out who is at fault. It might not be you, or it might be you.
While yes, we should all pay attention to where we go, if a property owner refuses to take action to fix problematic spaces, that’s something that needs to be addressed.
While there isn’t one specific way to determine if someone is responsible for something or not, there are some cases that happen when property owners haven’t acted responsible for the property.
While there isn’t an exact way to determine responsibility in slip and fall cases, there are some precautionary measures that owners can take to make sure that the slip and fall doesn’t happen in the future, or maybe determine if you’re just careless.
Here, we’ll go over a few general things that will help determine liability.
How to Figure out Who is Liable
To be at fault for the injuries during a slip and fall case, the following must occur.
- The owner or an employee that’s on the premises must have caused the detriment which caused the person to fall.
- The person who owns the space and knew about the dangers but did nothing to fix it.
- The owner knew there was a dangerous surface but refused to fix it
This may be common, since they didn’t know, but there are also times when it’s less clear-cut, and it can lead to litigation in a lot of cases. However, usually the cases are determined by evidence and the judge whether or not the steps to keep the property maintained were both reasonable and safe.
What about Negligence
Negligence, or negligence claims are essentially when a property owner wasn’t taking reasonable care of the property, and that the owner did not take the steps to make sure the property was kept safe. You may want to look into this to see if there is a chance that you can file a claim.
If the property had a loose spot that’s been there for a duration that’s long enough that the owner knows, or maybe the owner was taking care of the area when you were around, then you might want to consider a claim.
If anything seems like it should be there, then there’s a chance you can file a claim.
Carelessness
In slip and fall cases, you have to look at carelessness too.
Maybe you’ve got a reason that you slipped and fell, and if you were careful enough, then it falls on you.
If there are warnings, then chances are you will not win the claim.
When it comes to slip and fall claims, you do need to look at both factors before you can determine the proper results for this, and if you’re able to prove that it’s one way or the other, you’ll be able to get a result from this.
With slip and fall claims, there’s a lot of factors that go into it, and you need to start looking into them when you start filing the claims.
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