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How to prove a slip and fall case

| Nov 30, 2016 | Premises Liability |

We’ve all had our clumsy moments—a quick stumble before we catch our balance or a stubbed toe.

In a sense, it’s these clumsy moments that can make proving liability in a slip and fall accident so difficult. However, if you are seriously injured proving liability is crucial to recovering your losses. So how do you do it?

Preventability

You won’t be able to hold the property owner liable simply for being injured in a slip and fall accident. The first thing to consider is whether the slip was preventable. The property owner should follow certain safety guidelines, such as installing a hand railing or posting notices regarding dangerous conditions.

Safe conditions

The property owner also has a duty to maintain safe conditions. For example, if the property has safety measures in place, but poor maintenance has led to safety concerns, they may be liable for your slip and fall.

One of the keys to understanding whether a property owner may be liable is assessing reasonableness. There are no specific rules when it comes assessing what reasonable maintenance means, so a key factor is determining whether the property owner should have known about the danger. If the answer is yes, and it was their duty to take care of the problem, they are more likely to be held liable.

Your responsibility

As a victim, you also have to observe reasonable actions. Cell phones, for example, have become an issue in recent years. If you trip because you are looking on your phone, you didn’t take proper precautions to act in a safe way. Acting safely is the responsibility of both parties.

Damages

The final component to proving your claim is showing damages. You must have suffered an injury as a result of the dangerous conditions.

These are just a few of the considerations when it comes to proving liability in a slip and fall case. Slip and fall accidents are rarely straightforward, so knowing your role is an important.

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