Accidents happen, and most times, injuries are borne out of such accidents. When someone is responsible for the carelessness, it’s normal to wonder about your legal rights. A slip and fall accident attorney can help you recover for your damages, but you will need to prove liability. This could turn out to be difficult because you have to be able to prove that another person’s carelessness is responsible for your fall. Below are key points you need to provide in slip and fall cases to prove liability.
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The liable parties
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The liable parties’ negligence and liability
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Proving you weren’t the cause of your accident
Now that you’re aware of the factors involved in proving liability in a slip and fall accident, let’s dive right in.
Theories of Liability
Before a party can be held responsible for an injury in a slip and fall accident, your slip and fall accident attorney needs to be able to prove one of the following.
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A property owner should have recognized the condition as dangerous and taken care of the impending danger but ignored it. In cases like this, the slip and fall attorney needs to prove any reasonable person should have recognized the condition as hazardous. Also, you need to prove that there was enough time to deal with the situation before the accident.
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A property owner is liable for the accident because they left a hazardous obstacle on the way. The attorney needs to prove that it was foreseeable that anyone would trip and fall because of the condition.
Proving The Liable Parties’ Negligence and Liability
You would notice the term ‘reasonable’ popping up several times in a slip and fall case. This is because the slip and fall accident attorney needs to prove that the property owner didn’t act as a reasonably prudent person. You would need photos, reports, and any other information to convince the jury of the liable party’s liability. You can have your slip and fall accident attorney prepare the paperwork of the maintenance log. You might need to prove the condition existed long enough for a reasonable property owner to act. If there are routine checks carried out on the property, check if the procedure was carried out before the accident. If there are justifications for the potential hazard, you should also be made aware of it.
Proving You Weren’t The Cause of the Accident
While you’re proving the property owner’s liability, the property owner would also be trying to prove you were responsible for the accident. This is why you would also need to prove that you do not share the blame for the accident. Your slip and fall accident attorney needs to prove that you did not engage in activities that prevented you from noticing the hazard. You will also need to possess a legitimate reason for being in the dangerous area, and there no safety measures.