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Proving a Slip and Fall Injury Case



July 26th, 2018
Man slips on wet floor

If you have suffered injuries in slip and fall accident, you may be eligible to file an injury claim against the owner of that property. However, establishing the property owner’s liability can be challenging.

Although a property owner is required to keep his or her property in a reasonably safe condition, this does not necessarily mean that whoever slips and falls on the property can hold the owner liable. To hold a property owner liable, you must prove that:

  • He or she should have known about the dangerous condition on their property and should have fixed it.
  • He or she knew about the dangerous condition but did not fix it.
  • He or she intentionally caused the dangerous condition.

PROVING THE PROPERTY OWNER’S NEGLIGENCE

To claim that a property owner was negligent, you must be able to prove that he or she failed to act as a reasonably prudent person would have acted under similar circumstances. When trying to assess whether the property owner acted reasonably, consider the following:

  • Did the hazardous condition exist long enough for a reasonable property owner to eliminate it?
  • Did the property owner have a policy of routinely checking for potential hazards? If so, was the procedure followed before the accident?
  • Was the hazardous condition intentionally created? Was there any justification for creating the hazard?
  • Could the accident have been prevented by taking measures such as relocating the hazard, placing adequate warning signage in the area or preventing access to the area?

It is common for a property owner to argue that the victim is partially responsible for the injuries. This kind of argument is made under the theories of “comparative negligence” and “contributory negligence.” If your state is guided by the contributory negligence theory and you are found to bear any degree of responsibility for the accident, you may be barred from collecting any damages at all. Similarly, if your state is guided by the comparative negligence theory, and you are found to have equally contributed to the accident, your damages will be reduced by a percentage equal to your share of the liability.

Our Experienced Slip and Fall Lawyers Can Help You

If you have suffered injuries in a slip and fall accident, you may have an injury claim. It is crucial that you are represented by a dedicated and experienced slip and fall injury lawyer to help you through the legal process. At Dervishi Law Group, P.C., we have years of experience in dealing with slip and fall personal injury cases. Let our slip and fall lawyers handle your case and guide you through the legal process. Call us at 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

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