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How to Demonstrate Fault in a Fall Injury Case Slipping and falling on surfaces like the floor or stairs that are slick and risky results in thousands of injuries each year, numerous of them serious. Personal injury law may dictate compensation to the victim of a slip and fall accident, but determining the property owner … Continue reading “The Art of Mastering Experts”

How to Demonstrate Fault in a Fall Injury Case Slipping and falling on surfaces like the floor or stairs that are slick and risky results in thousands of injuries each year, numerous of them serious. Personal injury law may dictate compensation to the victim of a slip and fall accident, but determining the property owner is at fault may be tricky many times. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Conditions for Proving Fault When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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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 person owning the property or their staff did acknowledge the dangerous situation but did not resolve it. 3. Either the owner of the building or their personnel caused the risky situation that led to slip and fall injury to the claimant. The Question of Reasonableness When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In a scenario where a leaking roof over a stairwell is the origin of the accident in question, for instance, how long the issue has stayed not fixed may explain how reasonable the owner is. If the leak has been there for the last four months, it is less reasonable for the landlord to let it remain unfixed than it would have been if it had just started the night prior to the accident and the landlord was waiting for rain to stop before they could fix it. To stand a chance of placing fault on the property owner, you’ll need to show that they had the legal duty of reasonable care to act quickly and fix a dangerous situation within their property. 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. It may be difficult to make the case for slip and fall injury compensation in court, but there are circumstances that can be proved with the assistance of a great lawyer to apportion fault to the property owner.

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