If you have had a slip and fall accident, the next thing that you should do is to seek compensation for the damages caused. However, for you to get compensated, you need to prove that someone was negligent and thereby made you encounter that accident. Better still, you should prove that the defendant was legally responsible for the safety hazard that led to this type of accident. When it comes to your lawsuit case, there are several tips to keep in mind on how proving negligence in a slip and fall can be achieved.
Show that the property owner knew the hazardous situation existed and failed to fix it
Different properties usually have different hazards. For instance, some buildings usually have plumbing problems which can result in the floors and sidewalks being wet and slippery. Other buildings usually have broken or cracked flooring or uneven steps. These hazards are more often likely to result in such an accident.
Ideally, it’s the landlord’s responsibility to fix these issues so that the tenants or users of the premises can be safe all the time. If the landlord or property owner is aware of such issues and fails to fix them accordingly, then he or she is negligent and can be sued in a court of law.
Show that the property owner or the employee caused the dangerous situation that led to the slip and fall accident
For instance, if the property owner or employee left an obstacle that resulted in a slip and fall, it means that they were negligent and therefore liable to pay for the damages caused. Another example would be loose rugs or mats, or oil spillage left unattended which contributed to the accident. As long as you can prove that the property owner or their employee was responsible for the accident, you will be rightfully compensated. On the other hand, it’s crucial to work with an experienced slip and fall attorney who in addition to offering the much needed legal counsel, will also help gather proof of the negligence resulting in the accident.
Prove that you did not cause the accident yourself
Sometimes these accidents are caused by oneself and not by others. In legal terms, this concept is known as comparative fault. Such claims may affect your ability to get the rightful compensation you need. Therefore, you need to hire a lawyer to prove that indeed you were innocent and that the slip and fall accident was due to someone else’s mistake or negligence.
To maximize your chances of getting compensated, there are a number of documents that you can share with the court. These documents can include your medical bills and records, witness statements, security camera footage, accident reports, and any receipt of out-of-pocket costs related to this incident. Your lawyer will be able to work with you to obtain the proper evidence and documents to support your case.
Conclusion
It’s important to note that just because you’ve been injured in someone else’s property, it doesn’t always mean you are entitled to compensation. The property owner is entitled to a different duty of care to different people depending on whether or not they were rightfully there at the time of the accident. Even so, there are some circumstances where even trespassers are entitled to certain rights – hence why it is important to seek legal advice from professionals.
