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Every year, thousands of people become victims of slip and fall accidents. Exposure to wet floors, potholes, and stairs increases one’s chances of becoming a victim.
If you’re already a victim, the only way to ensure you get due compensation for your slip and fall accident is to prove the negligence of the other party. You would have to work with a slip and fall accident law firm to prove liability and sue for damages.
The process is not always easy. There will be loopholes and obstacles that will tempt you to give up your claims. But if you stay strong and push forward, you’ll reap the benefits of your persistence eventually.
In this article, we’ll be discussing how to determine negligence in a slip and fall accident case. We’ll talk about the classes of negligence as well as the compensation that the victim will likely be entitled to after liability has been proven.
What Can Be Classified as Negligence in a Slip and Fall Case?
In a slip and fall accident case, negligence can refer to the failure of a property owner or occupier to exercise due care and caution. This failure can result in someone else slipping, falling, and suffering bodily harm.
Here are a few common instances of negligence:
- Inadequate maintenance
- Failure to address spills or slippery surfaces
- Improper lighting
- Failure to set up warning signs in areas known to pose risks
- Failure to comply with standard safety regulations
To demonstrate negligence, you and your attorney have to prove that the owner knew or should have done something about the dangerous condition. Without this, the victim may lose their right to seek compensation for medical expenses, pain and suffering, and other damages resulting from the slip and fall incident.
Here are a few methods of determining negligence:
Knowledge of hazards
You would have to convince the court that the owner of the property was aware of its lagging state. If there are any documented conversations, such as texts or emails, show them to the court so that you can establish knowledge of the hazard.
You also have to prove that the property owner failed to act on the hazard even after it was reported. Not just that, you must provide sufficient evidence that the owner’s negligence in maintaining their property caused the accident and that you suffered injuries and losses because of it.
If there were other people on the premises when this accident occurred, your attorney can call on them to testify. They can attest to the fact that you did everything in the book. Their additional perspective can further convince the judge or jury, thereby strengthening your case.
Bring in a safety expert or maintenance professional to provide insights into the industry standards for safety protocols. They can confirm whether or not the structures involved in your accident were duly maintained or not.
Reviewing surveillance footage
There’s no better proof than security footage. If there’s any available, present it to the court so they can see for themselves the conditions that led to your slip and fall accident.
Countering claims of comparative negligence
The defendant’s attorney will try to counter your claims by saying that your accident was a result of your own carelessness or negligence. Your attorney will not let this comparative negligence claim fly. They will provide evidence that you, the victim, followed every due process, yet you underwent this unfortunate incident.
You need evidence to strengthen your case against the owner or occupier of the property. This evidence goes to show that you suffered significant harm as a result of their negligence.
Show bills, receipts, doctor’s reports, camera footage, and even police reports documenting your ordeal. Through a thorough investigation, your attorney can uncover more issues of negligence on the part of the property owner.
Proving negligence in a slip and fall accident case is difficult, especially when there’s no evidence to help you establish liability. However, when you incorporate the above-mentioned points into your strategy, you could build a strong case and increase the likelihood of a favorable outcome.