A slip and fall accident happens without warning, and you can suffer grave injuries from it. You might think it is your negligence, but did you know that someone else’s negligence is also important? Have you ever wondered about the legal steps you can take when you suffer injuries on someone else’s property? In most slip and fall accident claims, liability is the first thing that a personal injury lawyer questions. When you are filing a lawsuit for pursuing a claim, proving the property owner’s liability is the primary thing that will make your case more robust. To establish a premise owner’s liability, the foremost thing that a lawyer needs to prove is negligence.
Liability theories in slip and fall accidents
The premise owner must be held responsible for your damages to make a more substantial personal injury claim. As an injured person in a slip and fall accident, you might want to consult a personal injury lawyer. A lawyer will typically prove either of the scenarios below:
- An employee, authority, or the property owner must have recognized a potential danger within the premises. But they failed to repair or remove the dangerous condition. A personal injury lawyer would typically ask two questions—the first being whether an ordinary person would have identified the potential hazard under the reasonable duty of care. The second, if the defendant party had sufficient opportunity to rectify the situation before the accident happened.
- An employee, authority, or the property owner is responsible for causing the danger leading to the slip and fall accident. It means that the hazardous condition was identified, and it was reasonably foreseeable that it could lead to serious accidents.
The failure to show a reasonable duty of care
In California liability laws, the factor of reasonable duty of care typically arises in slip and fall accident cases. The term ‘reasonable care’ will predominantly surface in your personal injury claim. This is because to hold another person as ‘negligent,’ their failure to show a reasonable duty of care must be evident. Therefore, a personal injury lawyer would hold a property owner liable for your injuries when it is found that another reasonable prudent person would have acted with care in a similar situation.
What are the factors to be considered?
When you obtain a personal injury claim, the amount you can recover will be determined by a few factors. Further, some questions need to be considered.
- Did the hazard or dangerous obstacle exist for a time long enough for a reasonable owner or authority to have taken action?
- Did routine checks for potential hazards fall under the property’s policy, or was there a record of the procedure before the slip and fall accident?
- Was the slip and fall accident justified under reasonable creation of the hazard?
- Could the hazard be made less jeopardizing if preventive measures were taken beforehand?
- Were the spot’s limited visibility and poor lighting a contributory factor in the slip and fall accident?
It is only after asking these questions that you can levy liability on the property owner. Additionally, the value of your personal injury claim will rise when the answers to the above questions are positive.
What else can make your claim stronger?
In an event of a slip and fall accident, it is common for the property owner to argue that you have been responsible for your own injuries. The argument might involve comparative negligence or comparative fault. To avoid these counter-arguments and eliminate being barred from your rightful compensation, consult Sarraf Law Firm without delay.