Slip and fall accidents can be devastating for victims and their families. Not only do these accidents result in injuries and financial hardship, they can drag on for months or longer.
The most crucial step in slip and fall cases is proving the following three elements:
- The victim was not trespassing when he or she fell;
- The owner of the property had a duty to maintain a safe premises;
- The owner of the property failed to fulfil his or her duty to maintain a safe premises, which resulted in the victim slipping and falling.
Let’s take a look at each of these elements of slip and fall cases, as well as how a skilled slip and fall attorney can help victims get as much money as possible.
Legal Right to Be on the Property
As long as the victim was not trespassing, he or she can be said to have had a legal right to be on the premises. This can include properties such as restaurants, apartment buildings, businesses, or homes.
In many cases, this also includes the sidewalk outside of the property in question. All of these are potential areas in which victims could slip and fall.
Owner’s Duty to Maintain a Safe Premises
If someone may be walking in an area of a property, the owner of said property has a duty to keep the walkways free from tripping and slipping hazards. Furthermore, if the owner knows about a hazard, he or she must take steps to fix the issue or signal to potential victims that there is a hazard through the use of a warning sign.
Property Owner Negligence
Finally, if the victim had a right to be on the premises, the property owner had a duty to keep the premises safe, and the owner failed to live up to this duty, he or she is considered negligent. This could include a situation where an owner knew about a loose step for months and never made any effort to correct the issue or alert patrons to the potential danger.
Further Evidence for Slip and Fall Cases
There are many specific ways to prove whether or not a property owner was negligent as evidence in a slip and fall case such as:
- Video surveillance,
- Eyewitness testimony,
- Medical documentation,
- Photographs taken after the accident,
- Testimony of experts that speak to the unsafe conditions and the subsequent injuries the victim suffered.
Any or all of these elements can significantly improve the chances of receiving a good settlement in a slip and fall accident case.
How Can a Lawyer Help in a Slip and Fall Case?
Put simply, lawyers make the whole process much easier for victims. Your lawyer will cut out the uncertainty by advising you on the best steps to take, who to talk to, and what you should or shouldn’t say to the involved insurance companies.
If you’ve been injured in a slip and fall accident, call an experienced lawyer today!