Proving Fault in Slip and Fall Accidents
Proving fault in slip and fall accidents has its own assortment of things that must be judiciously addressed in order to present a solid case. Like any case, the facts must be clear, the recollection of the incident solid, and documentation of injury substantial if the client is to prevail. When it comes to proving fault in a slip and fall accident, the plaintiff must be able to establish that one of the following is true:
The Premise’s Owner or an Employee Must Have Caused the Dangerous Condition
The Plaintiff must be able to prove conclusively that the owner of the premises did something to cause the incident. The substance or condition that caused the fall needs to be clearly identified by both the Plaintiff and the defendant, and it is best if they agree.
The Premise’s Owner or an Employee Must Have Knowledge That a Dangerous Condition Exists
This can be tricky to prove in places like large discount store chains and grocery stores. These places have such a large amount of space, and traffic, that the Defendant can easily claim they had no knowledge that a spill had occurred.
The Premise’s Owner or an Employee Should Have Known of the Dangerous Condition
For this to be proven, it must be established that a reasonable person taking care of the property would have noticed the problem and taken care of it.
The legal system reviews whether or not the owners of the premises took reasonable care to keep the public safeguarded and whether or not the owners sought to prevent dangerous conditions from existing.
It is always important to contact an experienced slip and fall accident attorney, such as those at Smalline and Harri, when you or a loved one has been injured due to negligent property maintenance.
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