It can be a challenge to prove fault in a slip and fall accident as there are a number of factors you'll need to show detailing the cause of your slip and fall, and establishing the owners knew of, or should have been aware of the hazardous condition prior to your fall. Due to the complexities associated with a slip and fall claim, most cases will require the assistance of an experienced slip and fall attorney.
Proving Fault in a Slip and Fall Accident
One of the requirements for proving fault in a slip and fall accident is establishing the existence of a hazardous condition on the property. An example of an indoor hazardous condition could be a floor just mopped, but lacking any signage warning customers of the potentially dangerous wet floor. An outdoor hazardous condition could be a parking lot with inadequate lighting or a broken handrail on a staircase.
The existence of a hazardous condition, however, is not enough to prove fault for a slip and fall accident. You must also be able to demonstrate the owner of the property was negligent - in other words, a property owner who knew of the hazard, or should have reasonably known, and failed to correct it in a timely manner.
Another factor that may be considered is whether the property owner caused the hazardous condition to exist in the first place. If the owner failed to clean up, fix or repair something and it resulted in your slip and fall, he or she may be held liable.
Important Factors in a Slip and Fall Accident
Important factors to be considered in a slip and fall accident include:
• length of time the hazardous condition existed;
• if the slip or fall could have been reasonably avoided;
• precautions that may have been taken to decrease the likelihood of a slip and fall;
• any posted warning signs or barriers;
• permission to be on the owner's property; and
• the injured party's contribution to the slip and fall (such as running, or texting while walking).
The complexity of a slip and fall accident can make proving fault a challenge and is not something injured parties can typically handle on their own. This is especially true since insurance companies will do all they can to protect the property owner.
A slip and fall attorney can evaluate your case if you have been injured in a slip and fall accident. He or she can take into consideration all aspects of your case to determine if you should proceed with filing a claim.
Copyright (c) 2011 Barry D
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