Slip and fall accidents are very common, not only in the workplace but also in other places as well. Sometimes it is very difficult to prove who is at fault – is it you or the company or the contractors who installed the floor? Thousands of people are injured each year with many sustaining serious injuries.
Most of these falls are caused by even ground that has become uneven to a dangerous degree, which can lead to severe injuries. Sometimes, it can be very difficult to prove that the owner of the property is responsible for a slip and fall accident.
So how do you prove their responsibility for the fall?
- Could the owner have prevented the accident? When you or your loved has been injured in such an incident, it is very tempting to seek out justice from a lawsuit as soon as possible. But before you do this, you ought to first ask yourself this question, “Could the accident have been avoided?” Until this question is answered, you cannot go ahead and sue anyone.
- Is it the property owner’s duty to maintain reasonably safe conditions? Although there is not a cut and dried rule about property owners taking steps to ensure that the property is free from dangerous conditions that may make a person fall, it is their responsibility to ensure it is in the best condition at all times. The reasonableness of the condition of the house is balanced against the care that the person who fell should have used. What may follow are guidelines that courts and insurance companies use when they are determining fault in slip and fall accidents.
If you have been injured in such an accident and have proven it was due to a dangerous condition, you will likely need to show one of the following to win a case for your injuries:
- Either the property owner or an employees caused the dangerous condition of broken flooring, spillage, etc.
- Either the property owner or his employees knew of a safety hazard but did nothing about it
- Either the property owner or his employees did not entirely know about safety hazard
Due to the truth that most property owners, in general, keep their premises in pretty good condition, you have to present your evidence and arguments to the judge to decide whether the property owner should have known about the slippery step that may have caused the fall.
You have to prove the reasonableness of the property owner’s actions. In order to get adequate help, here are some questions that you and your attorney will need to discuss before starting a case.
- How long has the defect been there before the accident? For example, a leaking roof over the staircase that has remained unfixed for a long time. Who inspects the building for such conditions?
- What kind of daily cleaning does the property owner use? Does the property owner inspect the property daily? Is there proof to show they inspect daily after cleaning has been done?
- If the slip and fall accident involves tripping over something that was left on the floor, is there a legitimate reason for that object to be there? Is there a warning sign warning those walking on that floor of the danger?