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How to Demonstrate Fault in a Fall Injury Case Slipping and falling on surfaces like the floor or stairs that are slick and risky results in thousands of injuries each year, numerous of them serious. Personal injury law may dictate compensation to the victim of a slip and fall accident, but determining the property owner is at fault may be tricky many times. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Conditions for Proving Fault When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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1. Either the owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the owner of the building or their staff saw was aware of the dangerous condition but failed to correct it. 3. The perilous condition that resulted in slip and fall injury to the plaintiff was caused by either the property owner or their staff. Proving Reasonableness When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In a scenario where a leaking roof over a stairwell is the origin of the accident in question, for instance, how long the issue has stayed not fixed may explain how reasonable the owner is. When the defect has been unattended for the past four months, it is less sensible that the property owner allowed it to stay unrepaired than it would have been if it had occurred only the night before the accident and the owner could not have fixed it before it had stopped raining. To strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. An example is a landlord not being at fault when a tenant trips over a rake on a yard since the object does not have to be always removed. It may be difficult to make the case for slip and fall injury compensation in court, but there are circumstances that can be proved with the assistance of a great lawyer to apportion fault to the property owner.