Proving Fault in a Slip and Fall Accident
- July 13, 2016
Proving fault in a slip and fall accident
Establishing Fault in a Slip and Fall Accident can be very complicated to do on your own. Often times it is necessary to hire a Personal Injury Attorney to help prove that your accident was caused due to the negligence of someone else.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
What is Premise Liability?
Accidents that occur because of dangerous or defective property, whether inside or outside, are considered premise liability accidents.
These types of accident can take place at any of the following locations:
- Commercial Buildings
- Residences, private or rentals
- Public Property, parks or streets
Premises can be dangerous for any number of reasons, such as poor maintenance, dangerous clutter, building materials, or faulty design. For any of the reasons, a slip and fall injury could occur. Property owners or business owners need to be aware of any dangerous conditions that could cause an injury. The most common reason for slip and falls is a wet floor or uneven floor surface that should have been corrected.
Premise Liability Accident Rules
When determining who is at fault for your slip and fall accident, there are two basic premise liability accident rules to keep in mind:
1. The Owner Must Keep Their Property Safe
The owner or person or who occupies the property has a legal duty to anyone who may enter the property not to subject them to an unreasonable risk of injury. This rule is in place because the owner has control over the safety of the property, not the visitor.
2. The Property Visitor must use the Premise Normally
This means that premise liability applies to the conduct of the injured person. For example, if someone is injured while acting in an unauthorized, dangerous, unexpected, or careless way, the owner is not going to be responsible for any injuries or damages that the visitor obtained.
Rules to Determine Negligence
As said previously, the property owner or occupant must keep their property safe. But, there are still a few standards that need to be met to make be able to justify a slip and fall case. One of the following situations needs to be met to prove fault in slip and fall cases:
- The dangerous surface that was the cause of the fall was due to the owner/occupant.
- The owner or employee knew or should have known of the dangerous condition and did nothing to clean or repair it.
- The owner should have known about the danger and from the viewpoint of a reasonable person the danger would have been noticed and fixed, but in this case, was not.
In some slip and fall cases, it may be difficult to prove these things, which is why an experienced personal injury lawyer helps.
Why you Should Hire a Slip and Fall Attorney
Typically, when a slip and fall accident occurs it is necessary to prove that the accident was caused due to the negligence of the property owner, as well as, proving you obtained the injuries from the actual slip and fall.
Understanding and knowing how to prove you are innocent may not be as easy as you think, as comparative negligence will be taken into consideration, to determine your responsibility in the accident. With the legal advice of an experienced slip and fall accident injury attorney, you have a better chance of getting the compensation you deserve. Call us for a free case evaluation.
Ready to Talk to a Lawyer Who Has Your Back?
The Brown Firm
The Brown Firm is the top slip and fall Law Firm in Georgia and South Carolina. Our team of lawyers specializes in slip and cases along with other types of personal injury cases such as car accidents, truck accidents, wrongful death, and more. Our attorneys create a positive attorney-client relationship so that you can focus on healing from your injuries while we focus on getting you the compensation you need.
If you or a loved one has suffered injury from a slip and fall accident, contact our Georgia premises liability lawyers for a free consultation to see how we can best assist with your needs or find more information on this website.
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