Slip and fall accidents can come at the fault of a company or property owner, or at the fault of your own. In order to win a slip and fall accident claim, you must be able to prove that the injury was the property owner’s liability. It’s not always easy to establish who is liable these cases, so this article will help you determine more clearly who is really at fault.
Establishing liability in a slip and fall case
In order to win a slip and fall case, the injured person usually has to prove one of two things. You should be able to prove that the property owner or an employee of the property owner realized that there was a potentially dangerous hazard but didn’t do anything to fix it or warn people about it. The hazard has to be something a reasonable person would find dangerous and you must prove that the defendant had time to remedy the hazard.
You may also be able to prove that the property owner or their employee actually caused the dangerous condition that led to your injury, and that it was reasonably foreseeable that someone would get hurt due to the hazard.
Proving that the trip and fall accident wasn’t caused by you
In these cases, the property owner may argue that you are responsible for the accident that led to your injuries. There are a few things you should consider to make sure that you are not to blame for your accident:
- Were you engaging in an activity that may have prevented you from noticing the hazard? Maybe you were distracted by your phone?
- Did you have lawful access to the area where the accident occurred? Property owners are never liable if the plaintiff was trespassing.
- If the accident happened in a dangerous area, was there a legitimate reason for you to be there?
- Were there any warning signs or safety messages posted?
If you have questions about a slip and fall case and would like to speak to an attorney, contact us.