How can a personal injury lawyer help his or her clients obtain what they rightfully deserve in a slip and fall case? The answer to this question is not necessarily easy because the lawyer will have to prove several difficult elements during the case. Visitors to private property or a place of business have the legal expectation that they will not be injured. This means that if the property owners know that there is something that could possibly cause their guests or clientele to slip and fall, they have they duty to remove that element or render it harmless to others.
How Personal Injury Lawyers Demonstrate Negligence
In order for a personal injury lawyer to demonstrate to the court that the property owners were negligent, they will need to show that the owners were responsible for the danger being on the property and knew that the element presented a danger to others and did not perform any actions to prevent people from being hurt. Another side to the slip and fall claim may be that the property owners did not know about the existing danger but it is reasonable to expect them to have known about it.
The plaintiff has a role to play in slip and fall cases as well. One very important element is the fact that the plaintiff must not have known about the danger. If the guests can clearly see the danger, they are expected to take precautions. If they do not, they may still have a case for the personal injury lawyer but their award will have to be much lower than if only the defendant knew about the danger and the plaintiff had no knowledge.
How Lawyers Evaluate Slip & Fall Cases
Before the slip and fall case can be taken to court, personal injury lawyers will evaluate the evidence to make sure that it warrants this action. To support their claims, the injured will have to discuss in detail what they were doing before they fell and sustained the injury. They will need to inform their lawyers of how quickly they received medical treatment and if the injury is keeping them from their jobs.
Some important pieces of evidence that personal injury lawyers need in determining if they will take a slip and fall case are the shoes their clients had on at the time of the fall, the medical records from all of their doctors, any pictures that were taken of the premises and any witness statements with their contact information.
When The Case Goes to Court
If the case does go to court, the personal injury lawyers will, most likely, ask for the services of an expert. It cannot be taken for granted that the injuries were caused by the fall at the private residence or place of business. An expert is going to need to demonstrate that the fall directly caused the plaintiff’s injuries and how much medical care the plaintiff is likely to require. After personal injury lawyers have been successful performing all of the duties explained here, they may be able to obtain the highest judgment possible for their clients.
If you have been hurt in a slip, trip, and fall accident then you may be entitled to compensation. Contact slip and fall attorneys today and find out how they can help you.
Once you slip and fall down on someone’s property, contact a slip and fall injury attorney immediatley. for reliable attorney advice on your slip and fall personal injury claims. We are able to help you determine who is at fault, and represent you throughout the slip and fall personal injury claims process. In order to determine liability, we provide scene investigations, and document the slip and fall down with photographs, incident reports, and witness statements. We monitor your medical treatment and doctors throughout your case. We acquire all records and bills from the doctors and medical providers. A personal injury attorney represents you for your slip and falls down personal injury case throughout the entire injury claims process.
Liability in Slip & Fall Accidents
Thousands of people are injured each year-some catastrophically-when they slip and fall down on a wet floor, defective stairs, or rough patch of ground. Property owners generally owe the general public a duty of reasonable care to prevent slip and fall down injuries on their property.
When is The Property Owner Responsible
Property owners need to be careful in keeping up and maintaining their property to prevent slip and fall down claims. Premises liability cases depend on whether the property owner acted carefully so that slipping or tripping was not likely to happen. Furthermore, property owners may have created a hazardous condition by the mode of operation, making unreasonable risks of fall down injuries foreseeable.
To be legally responsible for the injuries you suffered from a slip and fall claim on someone else’s property, the following are analyzed:
- The owner of the premises or an employee caused the spill or dangerous surface or item on the ground.
- The owner of the premises or an employee must have known or should have known about the dangerous surface but done nothing about it to prevent slip and fall injuries.
- The owner or employee should have known about the dangers because under the law, a “reasonable” caring for the property would have discovered and removed or repaired the dangers to prevent other from slipping and falling.
Defining “Reasonable” in Slip & Fall Claims
Any slip and fall down personal injury claim often hinges on whether the defendant acted reasonably. A property owner’s “reasonableness,” focuses on whether the owner makes regular and thorough efforts to keep the property safe and clean.
Here are some important questions to ask when determining whether a property or business owner is liable for your slip and fall down injuries:
- If you slip and fall down over a torn, broken, or bulging area of carpet, floor, or ground, or slipped on a wet or loose area, how long was it there? Has it been there long enough that the owner should have known about it?
- Does the property owner have a regular procedure for examining and cleaning or repairing the premises to prevent slip and fall down injuries? Do they have proof of regular maintenance?
- If you slip and fall down on an object someone placed or left on the ground, was there a reason for the object to be there?
- Could a simple barrier or a warning prevent slip and fall down injuries?
- Did inadequate or broken lighting cause you to slip and fall down?
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