For the plaintiff to win at a slip and fall claim, there are some crucial elements that need to be in the picture. To start off, the plaintiff must have fallen on the property of the defendant. To add to that, the defendant must have owed a duty of care to the plaintiff. And to finally top it off, the injury sustained by the plaintiff should have been foreseeable.
What Needs To Be Said About The Defendant?
Those who own property have a responsibility of care for those on the property, especially if there is a foreseeable hazard in the property that can be dangerous for anyone on the property. There are 3 ways in which the plaintiff can prove that the defendant is at fault so as to cement a positive verdict.
- The defendant must have created the hazard, or
- Must have known about a particular hazard and failed to act on it.
Is The Defendant Negligent?
This is one of the hardest things that need to be proved in court. The time between the hazard occurring and the defendant realizing it. Obviously, if they didn’t know anything about it, there is no way an action could have been expected from the defendant’s end. Finally, there won’t be any liability.
Even if an employee of the defendant caused the hazard, or was negligent in the course of their work then the owner of the property could be vicariously liable.
What Needs To Be Said About The Plaintiff?
If the area under question had risks and hazards associated with it, or if a similar accident occurred there, then it is far more difficult to defend the claim. The verdict might end up against your favor. The test here is whether a reasonable owner would have possibly known about the hazard, and taken action to mitigate the risks.
If there is reason to believe that the plaintiff put themselves intentionally in the place of danger, then the plaintiff can be blamed partially and the compensation amount can be reduced accordingly.
There are plenty of things that can go wrong when you are filing a slip and fall claim, which is why you shouldn’t take chances in going into the courthouse unprepared.
This is why you must have an experienced personal injury lawyer or a slip and fall lawyer to aid in winning the case. If it is important for you to bring those liable to light, then don’t leave any stones unturned. Lawyer up!