How to Place Fault in a Slip and Fall Lawsuit
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. Although compensation to victims of slip and fall injuries is supported by personal injury law, placing fault on the property owner is not always that clear cut. Here’s how a personal injury lawyer may attempt to show that a property owner is liable for injuries suffered in a slip and fall accident:
3 Prerequisites for Demonstrating 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 owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the owner of the property or their employee knew about the risky situation but failed to fix 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 a case where the accident is caused by a leaking roof over a stairwell, for example, how long the defect has been left unattended to can demonstrate how reasonable the landlord is. When the defect has been unattended for the past four months, it is less sensible that the property owner allowed it to stay unrepaired than it would have been if it had occurred only the night before the accident and the owner could not have fixed it before it had stopped 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 claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.