In any personal injury case, proving fault is key to getting compensation. Unfortunately, some cases are more complex than others, such that the victims end up not getting the compensation they deserve or not getting compensated at all. In a slip and fall accident case, proving negligence is fundamental to establishing that another person, primarily the property owner, is liable for the accident. This article will take you through several factors determining failure in a slip and fall accident.
What Do You Need to Prove Liability?
In a slip and fall accident, your slip and fall accident lawyer must prove that there was no restriction to the dangerous area where the accident happened. They must also prove that there was no way you could have known danger was lurking around. On top of that, the attorney will also need to show that you were not distracted when you fell.
Another proof you need is to show that there were no signs of a dangerous place or that no safety measures were applied. The employer or property owner must also have known about eh dangerous area and failed to take action. From the look of things, proving all these things can be difficult, especially if there is no witness or camera footage. Therefore, you might not get compensated. However, the lawyer will do everything in their power to ensure you get justice.
Proving Negligence in a Slip and Fall Accident
In an accident of this nature, the reason is fundamental. You need to prove the reason you fell and how the person you claim to be responsible for failure to act to prevent the accident. In this case, you must provide proof of negligence. Here are some things that show the failure of the employer or property owner.
- Failure to Warn
If there are areas with potential risks, the property owner must warn by putting up warning signs. Failure to do this will be liable if an accident happens. A lack of warning is a sign of being negligent. Therefore, you deserve to be compensated if there was no adequate and timely warning about the dangerous area.
An employer or property owner can also be held liable for careless handling of hazardous situations and equipment. For example, they will be responsible if they leave dangerous equipment on the way that they were aware could cause an accident.
- Unsafe Conditions
If unsafe conditions led to the accident, this could be termed negligence. Such conditions include poor lighting, potholes, exposed chords, spills, and icy paths. In such situations, the property owner will be negligent.
- Failure to Prevent Injuries
Property owners are responsible for applying safety measures to prevent slip and fall injuries. Prevention measures include putting barriers around risky areas, controlling access, or fixing the problem. If these measures were not taken when the accident happened, the employer or property owner would be negligent, and their negligence will have caused the accident.
- Faulty Equipment
The owner or employer will also be negligent if a person is injured due to faulty equipment that was used during the accident.
Proving fault in a slip-and-fall accident is not easy. You will need witnesses and a lot of proof to get compensation. However, if you have been in a slip-and-fall accident, there is nothing to worry about. Your lawyer will ensure you get compensated the right way.