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 Conditions for Proving Fault
If you’re a victim of slip and fall injury on someone else’s building owing to a dangerous condition, you’re more likely to win your lawsuit if you demonstrate one of the following conditions to be true:
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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 building or their staff saw was aware of the dangerous condition but failed to correct it.
3. The perilous condition that resulted in slip and fall injury to the plaintiff was caused by either the property owner or their staff.
The Question of Reasonableness
While you’re on track to prove to court that a landlord is legally liable for the slip and fall injuries you suffered, you’ll at some point be required to show the reasonableness of the property owner’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. In case the leak has existed unfixed for the past 120 days, it’s less logical for the building owner to fail to fix it than it would have been had it started just the night prior to the accident and the accused could not have fixed it immediately while it was still raining.
To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. 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 compensation is not always easy to win in court, although there are conditions that can be proved with the input of a good attorney to show liability on the landlord’s part.