How to Prove Fault in Slip and Fall Accidents
It’s sometimes not easy to prove who is responsible in slip and fall accidents, since a lot of these injuries aren’t always seen. Sometimes, it might be from something on the floor, or the surface being slick leading to the injuries.
Who is responsible? The owner or you? Find out here in this article.
Property owner Accountability
If the property owner would’ve been able to prevent this from happening, then it’s time to seek out a lawsuit.
If the person was more careful, such as cleaning up the ground when slip and fall accidents happen, or maybe they put a drainage area for extra water, then this could’ve happened.
Sometimes, if there is something that’s left on the ground, such as a rake or a weed eater that the person trips over, it could be accountability.
However, the thing is that everyone is responsible to be aware of the surroundings and should make the correct efforts to prevent these conditions from happening.
The owner of the property is also responsible for those “attractive nuisances” being secure, such as pools and trampolines or anything added. For example, if there is a pool, you need a fence or a gate to prevent children from just waltzing in and potentially drowning.
The Responsibility for Maintaining Conditions
However, they’re not always responsible for incidents, especially if they didn’t know that it happened. If the property owner wasn’t able to take the right steps to prevent this, then they may be free from liability.
If they could’ve taken preventative actions to prevent the slip and fall, then this is definitely on them more than on you. It’s important to look at whether or not they could’ve been prevented when it comes to slip and falls.
Liability for These Accidents
If you’re injured during an accident on a property because of something dangerous, there are a few things that should happen before you can win this case and have a successful result from this.
If the owner did know of the “dangerous” conditions because there was someone that told them, and they could’ve fixed it in reasonable time, then they’re liable.
If they did know about the issues but refused to repair the problem, they’re also held reliable.
If the owner of the place caused the condition but didn’t actually fix it, then they’re also held liable, such as in the case of broken floorings or maybe loose steps.
Because a lot of property owners are usually good about this sort of thing, usually most of the time if there is a first situation, that’s what is litigated.
The first situation is also the hardest to prove simply because they must prove that the owner knew about it.
When you present arguments and evidence, the jury and judge will decide whether the owner caused the incident or not.
If you are going after this though, the best thing for you to do is to work out with a Slip and Fall Attorney to help you figure out the damages that you’re allowed to get from this.
Reasonableness
However, do remember that there is reasonableness that happens. If there hadn’t been a lot of time, or maybe the owner takes care of it and you were just careless, then maybe it might fall on you. If there is something left and there is a reason for it, then it may be your responsibility.
Slips and falls are complex cases, but here are the basics of these types of cases, and of course, who is liable for what kinds of damages that happen.