Proving negligence in a slip and fall accident is complicated. Under certain circumstances, both the accident victim and the premise owner may be at fault. However, property owners and managers have a duty of care for everyone who uses their property and is responsible for ensuring the premises are safe for use.
In case of an accident owing to a lack of property safety, the responsibility of rectifying the mistake of providing a lasting solution still falls on them. You can only succeed in proving negligence in slip and fall cases if you work with competent injury lawyers. Here’s what to do on your part to ensure a successful claim.
Gather Evidence
Solid evidence is critical in any personal injury claim and especially when it comes to proving liability. That is why as a victim, you should gather as much concrete evidence as possible. These could be in the form of photographs and video footage of the accident. There is nothing as powerful as photos or videos to back your claim and lay bare the other party’s negligence.
If able, ensure you document as much proof as possible about the accident’s circumstances, possible causes, and the accident scene. These would include the condition of the premises, if the negligent party failed to do repairs, old carpets, defective stairs, uneven pavements, unshoveled ice or snow, etc.
It’s essential to collect these pieces of evidence as soon as the accident happens before the negligent party does something to rectify their mistakes, hence creating grounds to invalidate your claim. Furthermore, it would be best to write down everything while your memory is still fresh to help document essential details.
Comparative Negligence
The property owner’s insurance company will obviously fight the claim, arguing that the fall was due to your own mistakes. They can cook up several possible reasons for the accident to shift the blame to you. For instance, they may argue that you had the wrong footwear or that you were distracted by the phone and slipped. The counter-arguments may be overwhelming, and if you don’t have the proper legal backup, you could get frustrated and give up.Therefore, it would be good to admit that premise liability cases can be complex, and proving fault requires legal expertise and concrete evidence.
Furthermore, this doesn’t mean that the entire spot automatically falls on the property owner. So rather than prove that, it would be sufficiently safe to admit that a more significant percentage of negligence falls on the property owner. That is where the laws of comparative negligence come in. If proven that the property owner was 75 percent at fault, then you can still collect a substantial amount of compensation for your injuries. However, if it’s found that you were half at fault, that is 50 percent negligent, then you have no case.
Proving Fault
Property owners are responsible for ensuring that premises are well maintained and safe from hazards. This includes doing timely repairs on the premises and warning signs during such repairs to mitigate potential accidents. When they fail to honor this duty within a reasonable time frame, they are liable for any accidents arising from such negligence.
Seek Legal Help
If you or someone you know is a victim of a slip and fall accident, contact us for legal guidance and support. You can call us any time of the day, seven days a week, for a free consultation and case review. From there, we will let you know if you have a valid slip and fall case.
