A few questions that will help to determine liability in a slip, trip and fall case include:
Was the danger present long enough for a property owner, employee, or agent to have corrected it?
Does the property owner, employee, or agent have a routine check in the area for issues that could present a slip, trip, or fall situation? If so, do they keep an active and up-to-date log or other form of record to indicate the area was free of danger prior to the accident taking place?
Was there a reason for the hazard?
If so, was that reason still present at the time of the accident?
Were warning signs clearly visible warning others of the hazard in the area? If so, were other environmental factors present which reduced the visibility in the area?
Your slip and fall lawyer will analyze your case and determine if it was the fault of the property owner. There are countless codes and guidelines, on both the federal and state level, designed to protect public safety. If those guidelines were ignored or disregarded, the business or property owner is at fault for your accident, and you may hold the negligent business accountable for your losses.
Proving Liability in Slip, Trip and Fall Cases
When arguing liability toward the property owner, one of two key arguments must be proven. If either of these arguments are proven by your attorney, your case has a much higher chance of success. Otherwise, the property or business owner might not be liable in your case.
Here are the two key arguments that will help to prove liability and win your settlement:
Could the employee, agent, or property owner have prevented the accident, if the danger was recognized by any other reasonable person as being potentially dangerous. (i.e. a hole, uneven walkway or surface, or other such dangers that a typical person may slip, trip, or fall from).
The accident was a direct result of either an employee, agent, or the property owners’ direct negligence. (i.e. leaving an obstacle in a walkway that could cause an individual to slip, trip or fall—such as a mop, mop bucket, or liquid).
The Best Representation for your Slip and Fall Case
Injured? Don’t add to your stress by working with an incompetent attorney. Reach out to DB Hill Law today for a consultation on your slip, trip, and fall case. They’ll keep you informed on every aspect of your case, and make sure you recover the highest possible settlement.