Slip and fall law is a general term for an accident that happens on another person’s property causing the injured party to fall or become wounded. This type of law falls under the personal injury rules and must prove negligence in order to successfully win your case. These types of cases are often difficult to prove and the use of an attorney can prove to be very beneficial in this sort of lawsuit. Whether the accident happened at the grocery store, at your home, someone else’s home, or even in a public entity, you may find it difficult to fight on your own. Lawyers such as those at Attkisson Law Firm can ensure that you obtain the right evidence and have the best likelihood of winning your case.
What can Cause a Slip and Fall?
There are many ways a person can be injured due to negligence. A direct cause of a slip and fall can include various situations such as; liquids, broken floors or sidewalks, uneven steps, ice and snow, and even potholes. An indirect cause can be dimmed lighting or missing hand rails. Whether the cause of the fall is direct or indirect, as long as you can prove negligence on the opposite party, you will receive compensation for damages. To do this however, you have to prove that the other party is liable.
There are several ways to prove liability, even though this process can show to be difficult to do in some cases. You must prove that the liable party had knowledge of the liability and did nothing to prevent someone from getting hurt. During the process there is a step called discovery. During this stage of the case, the liable party can be forced to provide records of their efforts to fix the issue that caused harm. The victim can also force witnesses to be deposed, meaning they will be interviewed about the incident and it will be recorded. This process is often critical to proving negligence in a slip and fall case. The victim is not the only one who will fight to prove negligence. The defendant in the case will almost always try to prove that injured party had contributory negligence. What this means is that the victim was thoughtless and did not avoid the dangerous situation that caused harm. This type of defense is essentially the reason a person should contact an attorney before speaking to anyone after an accident occurs.
To prove liability on commercial property, the victim must show that the owner or possessor of the property either caused the dangerous situation, knew about it and did nothing to fix it, or should have known. To prove liability on residential property, the victim must show that either the landlord had control over the condition, repairing the problem was not unreasonably costly, or that a serious injury was probable. In order to prove these things, a knowledgeable and experienced attorney can be the answer. They can fight aggressively to prove that the defendant is liable and ensure that you receive compensation for your losses.