A slip and fall accident can occur anytime. The consequences of the injuries can last for years resulting in deep physical, emotional, and financial pain. If a slip and fall injury occurred due to the negligence of another person, you have a right to legal recourse. Here we will discuss the key issue in any slip and fall accident claim: proving fault.
Determining Who’s at Fault in a Slip and Fall Accident
A number of things need to be proven in order to determine the fault of the guilty party in a slip and fall accident case. In order to get due compensation, any one of the following must be applicable.
- The owner of the property must have known about the slippery condition that resulted in a slip and fall accident, but took no action to reduce the risk of an injury.
- The owner of the property had deliberately created the slippery condition to harm the injured person.
- The owner of the property did not take ‘reasonable care’ of the property resulting in a slip and fall accident.
Proving reasonable care is not that clear cut. The following questions can help you to prove the fault of the property owner in case of a slip and fall accident.
- Did the dangerous surface condition persist for sufficiently long time for the owner to reasonably know about it?
- Could the property owner have placed a barrier or warning sign to alert the visitors?
- Did the property owner verbally warn of the danger?
Keep in mind that majority of the states in the US also follow the rule of comparative negligence when determining fault in case of a slip and fall accident. Comparative negligence means that the injured person was partly responsible for the accident in which case the jury awards significantly less compensation for the injuries.
Get Help of a Slip & Fall Lawyer
In case you have been injured in a slip and fall accident, you are advised to contact a premises liability attorney who handles slip & fall cases. Due to the statute of limitation, you have only a certain time before you should file an injury compensation claim in the court. That’s why you should contact a professional attorney as soon as possible after an injury.
With the help of a professional personal attorney, you can increase the chances of receiving the maximum possible compensation amount. If you are located in San Bernardino, Hemet, Inland Empire, or surrounding areas, you can contact Attorney Albert E Hirst by dialing (909) 885-7190for a free initial review of your case. We will help you in proving the fault in case of a slip and fall injury so that you can focus on getting back on your feet.