Proving Fault in a Slip-and-Fall Accident

A slip-and-fall accident can result in serious injuries depending on where and how the accident happened. Whether you slipped on a surface or fell down some stairs, the property owner at the place of your accident could be held liable for your injuries. However, proving fault in an accident such as this can be more difficult than proving fault for injuries from a dog bite or car accident. In order to increase your chances of success when filing a personal injury lawsuit, you’ll need to know how to prove that another entity was at fault for your injuries.

How Liability Is Determined

Many slip-and-fall accidents aren’t the result of negligence and are instead caused by a myriad of other factors in which no one is at fault. When you’re trying to determine liability, one of three factors must be true. First, the owner of the property or an employee must have caused the dangerous surface or damaged area to be underfoot. An employee or the property owner could have also known of the hazardous surface but did nothing about it. You might also be able to prove that the owner or an employee should have been aware of the poor surface since a reasonable individual would have identified the issue and corrected it.

Identifying If Defendant Acted Reasonably

In order to determine that an employee or owner of the property was negligent, you will likely need to prove that they did not act reasonably. For instance, if you slipped on a wet floor that didn’t have signage around it, it’s possible that the owner or employee did not act properly in keeping the area safe. The law focuses on identifying if regular efforts were made to keep the area safe and clean.

Seeking Assistance for Your Case

Since proving fault can be very difficult in a case like this, it’s recommended that you seek the assistance of a personal injury attorney. They can take a look at the details of your case to help determine if you will be able to prove fault. Make sure to choose an attorney who offers a free consultation.