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Deciding Who Is Liable For Injuries Resulting From Slips And Falls
It is the responsibility of the property owner to provide a safe environment for others. Failure to take precautions may lead to slips and falls. The slips and falls may cause severe injuries to employees or the public. They also attract enormous medical bills for treatment and time off work. Many people are not aware that the titleholder can become liable for falls and slips that occur due to negligence.
There are two categories of accidents that happen at the work premises. The two include slip and fall accidents. Such accidents take place in a premises due to hazardous conditions. In such instances, the owner is liable.
What Makes a Property Owner Liable For Falls and Slips?
The premises laws are available to deal with all issues relating to accidents in properties. They hold that it is the responsibility of a property owner to ensure safety. Any person who does not provide a safe environment for others becomes liable for the slip and fall that occurs. The person may need to compensate the victim for various things. Some include the medical bills and the lost wages.
Proof of Injury is Key
Cases related to injuries can become complicated sometimes. You will need to get experienced attorneys to represent you. Look for qualified and experienced attorneys to win such cases. The fundamental question your attorney will ask you is whether you have proof of injury. Proof of harm forms the basis for the whole affair. Without the evidence, you are likely to lose the case.
There are various types of evidence that you can provide in the event of an injury. You can offer medical documentation, such as x-rays from a health care facility. You can also provide testimonies from the healthcare providers of the condition you were in when you visited the hospital. In this case, you can prove that there were witnesses who can testify that you slipped and fell and can be availed in the hearings. Another way is to explain the extent of treatment you are undergoing. There should be enough evidence pointing to the fact that the accident took place on the owner’s property.
1. Proof That the Property Owner Was Negligent
Many people may be involved in managing the property. You have to make sure that the person you are suing is the one responsible for managing the place. It can be the property owner or the management. It ought to become clear that the cause of the injury came about due to the negligence of the management.
There are various ways that the owner could have acted to prevent the calamity. The first example is the failure to warn people walking by of the potential danger. Another way is to prove that the owner permitted a dangerous condition to exist without restricting access.
2. Proof of Unsafe Property
It has to become evident that it was not your carelessness that led to the accident. You, therefore, need to provide evidence that the grounds were unsafe. You can use defenses, such as the lack of security cameras in the premises. Other things that can help you prove your claims include lack of adequate lighting and lack of regular maintenance.
Sometimes, the premise owners can use the land for purposes other than the one intended. The attorney can use such arguments to prove that the area was unsafe for people. It should be clear that the victim was not trespassing the property.
3. Personal Carelessness
Sometimes slips and falls can occur due to carelessness. In such instances, the owner of the property is not liable for any claims you may file. It is crucial to make a thorough self-examination before filling any allegations to make sure you are confident. There are questions that you will have to answer when submitting your claims.
Some include:
• Was there anything that distracted you during or before the fall?
• Were you talking on your phone or texting?
• Would a careful person have noticed the danger and avoided it?
• Did you see any warning signs around the area?
When you can correctly answer the above questions, you are free to file the claims. You will be able to manage the tumult that comes with fighting your case.
