Immediate treatment and speedy recovery are the first thoughts that strike your mind after a slip and fall accident. Once you start feeling well, make a plan how to present your case in the most convincing way for compensation claim.
When it comes to legal fights for compensation, you need to gather the evidences that will prove your right to claim beyond doubt. And as it’s always ‘First Thing First’, you should start with collecting evidences towards establishing that the property owner’s failure to keep his property safe was responsible for your slip and fall.
Obtain a Fair Amount of Compensation
Accidents on other’s property are not rare and often result into injuries, mild or serious. However, when someone else’s negligence or carelessness factors in your accident and injury, you are legally entitled to compensation. Proving the property owner’s liability is a key to your getting the just amount of compensation.
Keep in mind that you can receive compensation in either of two ways – by successfully winning a lawsuit or through a favorable settlement. However, the chance of receiving what you deserve, in both cases, depends on a convincing documentation of someone’s fault for your slip and fall and resulting injury.
Therefore, the prime points to establish your right to compensation come down to the followings:
- What is actually responsible for your accident?
- Was the party really negligent in keeping his property safe to prevent any slip and fall accident?
In a slip and fail insurance lawsuit or claim, a critical argument often put up by the defending party is the injured person was careless and that caused the accident.
Theories of Liability
Followings are the typical points that a plaintiff must prove to defend his allegation that the property owner’s carelessness or negligence in ensuring safety caused the accident:
- The property owner (or an agent or employee working for the property owner) should have recognized the danger within the premise and repaired/removed the damaged parts OR
- The property owner (or an agent or employee) was responsible for the dangerous condition that caused the slip and fall accident. For example, a hazardous obstacle or dilapidating staircase and it was not difficult to foresee that someone would trip and slip due to the clearly visible dangerous condition.
Proving Liability & Negligence
“Reasonable” is a term that usually comes up during negotiation talks for settlement as well as other important phases of a slip and fall case. The claimant must prove that the property owner was not reasonably prudent in maintaining his property and would have slipped and fallen under the similar circumstances that caused the accident. Followings are some important points that the plaintiff must consider to assess lack of reasonable action on part of the defendant:
- Did the dangerous condition prevail long enough that a pragmatic property owner should have acted reasonably by eliminating the hazard?
- Did the property owner or the hired employee perform routine checking for potential dangers that might be visible or lurking within the premise? If yes, do they maintain any record that can prove maintenance was done immediately before the accident?
- Was there any convincing reason for creating the potential hazard and not repairing it? If yes, was it justified at the time of the accident?
- Was a poorly lit area of the property responsible for the slip and fall?
With so many complexities of different nature and on different layers involved, you should get in touch with a Seattle personal injury attorney to assess the absence of ‘Reasonable Action’ and how to go ahead to get a fair amount of compensation.
Danny White is a freelance writer who offers to ghostwrite, copywriting, and blogging services. He works closely with B2C and B2B businesses providing digital marketing content that gains social media attention and increases their search engine visibility.