Providing Proof In Your Slip And Fall Accident Injury Case
Michael Babboni
Premises Liability
One minute you’re having fun with family or friends, and the next you’re on the ground in terrible pain. Slip and fall accidents happen that quickly, and they can really take any sufferer completely by surprise. The next thing you know, you’re in the hospital facing injuries that can lead you to lose time at work, having to undergo prolonged medical care, suffering lasting pain, or even permanently change your way of life.Slip and fall cases in St. Petersburg create difficult situations for those who experience them, but it’s even more difficult when they can’t get the compensation they deserve for their injuries.
Providing proof is one of the most important things a person can do when they’re looking to give their case a solid and foolproof foundation. Your St. Petersburg personal injury attorney can assist you in proving your case, but it does pay to know just what kind of proof really holds up in a court of law.
Proving Liability And Negligence
Without proving liability and negligence, an injured party has no chance of recouping losses from their slip and fall injury accident. They must first prove that the property owner had a duty of care when it comes to their safety, and that this duty of care was negligently ignored leading to their injury. A few questions that can help you to prove negligence and liability in your slip and fall case are:
• Was the hazard present long enough for a reasonable employee or owner should have eliminated it? – If you’ve been injured on a public or privately owned space, and your slip and fall was caused by a hazard present on the ground, it must be proven that a reasonable employee or owner should have eliminated that hazard before it caused injury. For instance, if you were walking on the grounds of a shop and a large piece of debris was present on the walkway all day, this piece of debris should be cleaned up or clearly marked before it causes an injury.
• Was lighting poor or inconsistent? – If you are walking on a property at night, lighting should be safe, bright, and consistent to create a safe and manageable space. Poor lighting is a hazard that is well known to lead to slip and fall cases.
• Was there clear warning of the hazard? – Not all hazards are avoidable, like slippery ground after a floor is freshly washed, but it should be warned against. A hazardous condition with no warning is negligence on the part of the property owner.
Proving You Weren’t The Cause Of Your Accident
If you’re able to prove negligence and liability, a property owner’s insurance provider may strike back by saying that you hold some or all responsibility in your slip and fall accident. If you are found to be partially at fault for your slip and fall accident you may only be able to recoup some of your losses. For instance, if you slip on an unmarked wet floor and it leads to an injury, but you were found to be on your cell phone at the time, a case could be made that your distraction is partially to blame. For this reason, it’s important to always keep your attention to your surroundings while actively enjoying public or private spaces.
Slip and fall injuries can be challenging to prove, and this is where your St. Petersburg personal injury attorney comes in. To learn more about proving your case, contact us at TheStPeteLawyer.com today.