Posted on: 13 November 2014
If you were recently involved in a slip and fall accident on another person's property, you may be thinking about filing a legal claim. However, you may have to prove several things about your accident in order to get a settlement. Here are some questions you may have about liability in a slip and fall case:
How Is Liability Determined?
Liability for a trip and fall accident on someone's property is often determined by whether or not the property owner is deemed negligent. Negligence is proven when a property owner is found to have purposely not taken care of a problem that would cause a person to fall. For example, a business owner would be found negligent if they were aware of a spot on the floor that is notoriously known for being wet and did nothing to fix it. If evidence points to the property owner being negligent in the slip and fall incident, they could be held liable for damages.
Did the Business Make an Effort to Prevent a Fall?
A case of a slip and fall is often based on whether or not the property owner acted in a reasonable fashion to prevent any instances in which someone could injure themselves. To decide if the property owner made a solid effort to prevent falls, a judge may ask for clarification of several scenarios. For instance, how long was a dangerous spot on the floor before the owner had a chance to fix it? If someone tripped over an object placed on the floor, was there a reason for it to be there? Were there any barriers or warning signs to notify you of potential hazards? A judge will look at this type of evidence to see if the property owner took reasonable action to prevent injuries.
Were You to Blame?
Sometimes, slip and fall accidents can be a result of clumsiness or carelessness. If you think that you contributed in your fall in any way, you may have to take some of the responsibility. If you decide to go ahead with filing a claim, you can expect some questions from the property owner's insurer. You may be asked if you were in an area you should not have been in when you fell. If you were, you need to have an explanation as to why you were there. They may also ask if you were distracted when you fell or if anyone else around you managed to avoid the dangerous area. You will not have to prove anything to the adjuster, but you want to help them understand that you were not careless.
Slip and fall accidents can sometimes be tricky, so it is best if you get help from an experienced attorney, like from the Law Office Of Tammy Strohl PA. They will be able to delve into the details of the accident and get information from a property owner that could help prove your case.Share