Accidental slips and falls have become ordinary events. When these accidents occur on someone else’s property, due to their carelessness or mistakes, you can make liability claims. Liability claims cover compensation for the injuries that the victim experienced during the fall. Filing a personal injury lawsuit requires the victim to prove that the property owner is legally responsible for the injuries.
Whether it is in a store or hospital slip and falls, a person should always claim compensation for injuries based on other’s negligence. But the process of filing a lawsuit is complex; therefore, one is recommended to hire a lawyer experienced in slip and fall cases. The lawyer will ensure that the victim gets their full compensation for their injuries.
Below are some of the critical aspects that determine your claim:
Liability in Slip and Fall Accidents
To receive compensation in your claim for slip and fall accidents, the victim needs to hold the other party responsible. This implies proving that the property owner’s negligence was the cause of your injuries and that the property owner failed to recognize the situation as dangerous.
You can also define the claim on the intent of the owner i.e. proving that the owner deliberately put a hazardous object in your path. For instance, not wiping spills on the hospital floors despite being aware of the possible consequences.
Proving Negligence and Liability
In slip and fall injuries, it is necessary to confirm that the accident was due to the failure of the property owner or staff to act upon the hazardous object or dangerous environment.
It helps in making claims on the grounds of negligence on the part of another party. The whole scene of the accident is examined from various angles during settlement between the two parties.
To determine the liability of the property owner, the following factors are considered:
- The time that the property owner had to act on the possibly dangerous element.
- Whether the poor visibility served as a factor in the accident.
- Hearing possible justifications for the placement of hazardous objects that led to slip and fall.
- Routine precautionary measures are taken to check for hazardous objects, and actions are taken on them by the owner.
Proving the innocence of the victim
The property owner will always try to verify that the victim is at the partial fault for the mishap. This argument made under ‘comparative negligence’ can severely weaken your claim for compensation.
Contributory negligence laws can reduce the compensation amount by up to 25%. Negligence of the victim is established through his involvement in the activities that could have diverted his mind, such as texting, presence of any warning signs, and whether the location is open to the public.
The authenticity of witness testimony
Witness testimony refers to a person who was present at the site of the accident and can provide strength to the victim’s claim. In the process of claim settlement, the authenticity i.e. the truth of the statement of a witness is scrutinized.
The presence of a large number of witnesses can also be considered as an indicator of the authenticity of the claims.
Medical Bills and reports
The victim needs to be assessed by a doctor for possible injuries, soon after a slip and fall accident. The medical report and hospital bills are obtained from the assessment that serves as a piece of powerful evidence and thus makes your claims for compensation of injuries much stronger.
It is always advisable to hire a lawyer so that the victim does not lose the chance of compensation due to inappropriate knowledge of the law or the procedure.