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How to Place Fault in a Slip and Fall Lawsuit Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Conditions for Proving Fault When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting the accident.
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2. Either the owner of the building or their staff saw was aware of the dangerous condition but failed to correct it. 3. The perilous condition that resulted in slip and fall injury to the plaintiff was caused by either the property owner or their staff. The Question of Reasonableness When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In a case where the accident is caused by a leaking roof over a stairwell, for example, how long the defect has been left unattended to can demonstrate how reasonable the landlord is. If the leak has been there for the last four months, it is less reasonable for the landlord to let it remain unfixed than it would have been if it had just started the night prior to the accident and the landlord was waiting for rain to stop before they could fix it. To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. For example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there. Slip and fall injury claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.