How To Win A Slip And Fall Case
Alex October 13, 2015
Accidents are often just that, an accident and happen without deliberate cause. However, if you’ve been hurt or injured in a slip and fall accident due to the negligence of someone else, then you have the right to seek legal compensation. The law surrounding personal injury can be complicated thus it’s important that you seek legal counsel when dealing with a slip and fall case. In order to win your case, an attorney will need to prove in court that the other party was negligent and is liable for your accident and that you played no part in its cause.
Proving Negligence & Liability
Generally in a slips and fall case, the injured party will need to prove two things:
That either the property owner or an employee should have recognized a dangerous condition and should have repaired or removed the potential danger, but didn’t. For example, an uneven walking surface.
That a property owner or an employee caused the dangerous condition leading to the slip and fall accident. For example, leaving a hazardous obstacle in a walking path.
There are also two pivotal questions to ask when dealing with a slip and fall accidents:
Would a rational person have identified the condition that caused the accident as hazardous?
Did the party that was named negligent have adequate opportunities to fix the hazard before the accident occurred?
Proving that you were injured due to the carelessness of the property owner or employee is crucial in winning your slip and fall case.
Proving That You Didn’t Cause The Accident
An important part in your case will also be to prove that you are not liable and didn’t cause the accident. The negligent party’s insurance company or legal counsel may try to argue that you are partially or even totally accountable for your accident under comparative fault, comparative negligence, and contributory negligence laws. In fact, if you are found to be even at the tiniest degree at fault for you accident it could affect your ability to recover compensation depending on your state’s’ laws. When proving that you were not at fault for a slip and fall accident it’s important to consider many questions, including:
Did you engage in any activity that may have prevented you from noticing the hazard that caused your accident? I.e, Talking or texting on your cell phone.
Did you have lawful access and authorization from the property owner to be in the location of the accident?
Did you ignore proper warning signs that were posted or any other safety measures issued by the defendant?
By proving the other party negligent and proving that you in no way played a role in the cause of the accident increases your odds of winning a slip and fall case.
Take Action Now
If you have been hurt or injured in a slip and fall accident, then you need to seek professional legal counsel. You need the personal injury lawyers at LaVan & Neidenberg on your side. We will evaluate your case and prove that your accident was caused by the carelessness of someone else. Call us today for a free consultation, (954) 606-0330.