How to Win a Slip and Fall Case
The Keys to a Successful Slip and Fall Case
Accidents are common no matter where you live, but when accidents are caused by the negligence of another person or business, it is common for accident victims to wonder about their legal options for recovery. Slip and fall cases are one of the most common types of accidents on property that belongs to another person or business.
Establishing Liability in Slip and Fall Cases
To establish that a party is responsible for the injuries associated with a slip and fall accident, an accident victim needs to establish that a property owner recognized that a dangerous condition existed and failed to remove or repair the potential danger. The question in these cases is whether a reasonable individual would have identified the dangerous condition and whether the responsible party had an adequate amount of time to repair the condition.
Establishing Negligence and Liability
The concept of “reasonableness” commonly arises in personal injury cases. To be found negligent and thus liable for another’s injuries, a property owner must have failed to act as a reasonably prudent individual would have under circumstances comparable to those that resulted in the accident. In attempting to assess whether the responsible party acted reasonably, there are some important factors to consider, which include:
- Whether the condition was present for a long enough period of time that a reasonable property owner could have taken steps to eliminate the condition,
- Whether the property owner has a policy of routinely checking for potential property hazards, and
- Whether a reasonable justification existed for the hazard.
Establishing That the Victim did Not Cause the Accident
In many slip and fall cases, a property owner will claim that the accident victim is either partially or entirely responsible for the accident that occurred. To determine if an accident victim is responsible for causing any element of an accident, there are some important things that should be taken into consideration. These considerations include whether the accident victim engaged in any type of activity that could have prevented the accident as well as whether the accident victim has lawful access to the property where the slip and fall accident occurred. If the defense is able to show that the accident victim likely caused an accident as a result of carelessness or recklessness, then the victim will have a tough time pursuing compensation for his or her injuries. In cases like these, the assistance of an experienced personal injury attorney is critical.
Speak with an Experienced Personal Injury Attorney
It is an unfortunate truth that each year a large number of people are injured as a result of slipping and falling on someone else’s property. If you are an accident victim, you should not hesitate to speak with a skilled accident lawyer. Contact Ferrara Law today to schedule an initial free case evaluation.