How is negligence proven in a Slip and Fall?
The term slip and fall refers to a type of case that can occur within personal injury. This implies a fall that can be caused by different reasons and in different places. They usually occur in a property, whether residential or commercial, which gives some responsibility to the owner or manager. However, it is not enough that there is a fall for the case to be automatically favorable. It is necessary to prove the guilt of the defendant. This is why many people wonder how negligence is proven in a slip and fall. In this post we will answer all the doubts about it.
Keys to proving negligence in a slip and fall
First of all, it should be clarified that there is no infallible method to prove responsibility. The decision will always be the product of a judge’s evaluation, based on the evidence presented by the plaintiff. Therefore, it is important to be clear about what constitutes liability in these cases. In general terms, the important thing is to determine if the owner or manager of the place acted in a conscientious and responsible manner to avoid any risk that may arise. For example, if the fall or slip is exclusively the product of the accident victim’s distraction, it is likely that this case will not have much of a future.
The injured person must be able to demonstrate that their fall or slip was due to some condition of the place that generates risk or danger. In other words, it must be proven that the danger was there, regardless of the person who had the accident. The fall could have happened to anyone, because the risk was inevitable. In addition, it is necessary that the owner was aware of the condition and did nothing to prevent it. This point is important, since there is always the possibility of the unforeseen. Everything will depend on the particular case, on how likely it is that the dangerous condition will be generated.
The possibilities for how negligence is proven in a slip and fall are as follows:
- The owner is the one who created the dangerous conditions. This means that, due to incapacity or negligence, some action of the establishment has created a risk for people, including the one who was injured.
- The owner was aware of the dangerous condition and has not done anything to avoid it or fix it. This is considered a negligent action, since it could have prevented the accident and the risk for the rest of the people.
- The existence of the risk condition is long-standing, so the owner should know her. This means that ignorance is not a valid excuse to delimit responsibilities. If the owner is unaware of the problem, but it occurs for a long time, then it is the responsibility of the owner not to have been informed correctly to solve it.
One sure way to prove negligence in a slip and fall is if the owner has broken any safety regulations or laws. For example, a stairway that does not have a railing, a poorly marked step, or a walking surface that is unstable. Any of these cases implies a serious fault in the construction codes, which represents more than enough evidence to demonstrate responsibility.
It should also be clarified that a shared responsibility can be established. It is likely that the judge will determine that there is some fault on the part of the owner, but also to some degree on the part of the injured party. In these cases, a percentage of responsibility will be established for each party, in order to determine to what extent each of the expenses and damages caused must be borne.
How Negligence is Proved in a Slip and Fall: The Best Advice
As you can see, it is not easy to prove fault in slip and fall cases. Not only must there be a proven injury, but it must also be possible to show that the injury is the result of a hazardous condition at the scene of the accident. Liability for negligence is one of the most difficult cases to prove, so it is highly recommended to have the proper advice, before and during the process. In this way, you will be able to count on the necessary resources to face the medical expenses of the injury. Keep in mind that these costs can be very high, so filing the claim correctly will save you significant dollars.
Mario Serralta is one of the most experienced personal injury attorneys. With his background and professionalism, he will be able to advise and carry out his representation in the accident claim. He knows exactly how to prove negligence in a slip and fall and can help you get the compensation you deserve. Do not hesitate to contact us to make an appointment and receive the advice you need.