3 Things Your Attorney Needs To Prove In Your Slip And Fall Accident
Slip and fall accidents happen every day. You may have to pay the expenses when the accident is your fault, but you should not be saddled with this debt when the accident results from someone else's neglect. In these cases, you will need the services of a slip-and-fall attorney. They will gather numerous pieces of information to build your case because they need to prove three things. What are those things? Read on for more details.
1. A Hazard Caused Your Accident
Unfortunately, there are times when you can trip, slip, or fall without a hazard. Sometimes you trip over your own two feet, misstep and slip, or fall. For you to be able to file a slip and fall lawsuit, your slip and fall lawyer must be able to prove that there was a hazard present that caused your fall. Some examples of common hazards found in and around the community include the following:
- Insufficient lighting
- Loose or missing tiles
- Loose or missing handrails
- Broken or raised pavement
- Damaged or loose carpeting
- Wet or slippery flooring
- Icy surfaces
- Trash or debris on flooring
Not only does the attorney have to prove there was a hazard, but they must be able to show that the hazard existed at the time of the accident. Showing this can often be challenging to do, especially if the property owner has cleaned up or repaired the danger. One of the most important things you can do to assist your attorney is to document the hazard when the accident happens.
2. The Property Owner Was Neglectful
Premise liability means a property owner always has a legal responsibility to ensure that their property is safe for anyone who comes on the property. Premise liability typically comes into play in slip-and-fall cases. But to prove the case, your attorney must show that the property owner was neglectful concerning the maintenance of their property.
Negligence means the property owner failed to use reasonable care to maintain their property. But your slip and fall attorney must also show that the owner was aware of or should have been aware of the hazard. For example, your attorney may show the following:
- The property owner failed to visit or review the property for potential hazards regularly
- The property owner did not adequately supervise or manage the property
- The property owner failed to have a plan in place to address potential hazards
Any property owner aware of an existing hazard on their property is legally obligated to repair it.
3. The Hazard and Subsequent Accident Caused Your Injuries
Your attorney must also be able to show that the hazard and subsequent accident caused your injuries. To do this, they may request your medical records to show that you had no pre-existing injuries.
Once your slip-and-fall lawyer proves these points, the court should award you the compensation you deserve.
For more info, contact a local slip-and-fall lawyer.