Slip and fall injury cases commonly have a specific logic that they follow. In order to have a successful trial, you will need to work with your personal injury attorney to make sure that they key points of a slip and fall claim are met. Here is a guide to the parts of a great slip and fall liability claim.
Overall, your first responsibility is to show that the defendant had an obligation to protect you at the time of the accident. This could mean that you were on their personal, private property or that you were a paying client of theirs and were injured as a customer. Your personal injury attorney will also need to prove that the other party was negligent; you'll need to show that they didn't do a reasonable job of preventing injuries in the scenario. The final piece is to show that the injury was their fault as a result of these other key points. While this will give you some idea of what the overall argument will look like, you'll need to delve into each part to pull out the most important details.
Differing Levels of Liability
For one, there are some caveats to liability. Even if you were on someone else's property or acting as a customer, you may be in a limited liability situation. For instance, if you weren't invited to be in the area that you were in, such as if you were intruding on private property or were in a restricted access area of a restaurant or business, then some of the liability is on you. If you signed any waivers for using a service and got injured anyway, there may be a limited return on your claim as well.
Proving negligence is key in these slip and fall injury cases. If there was poor lighting, or the ground conditions were poor or unlabeled, then you have an easy reason for your fall. If the cause of the fall isn't as obvious, you might need to hire an engineer or other specialist to show the mechanics of your fall and point out potential causes that are the company's fault, such as ground that is slightly uneven or distorted to the eye.
Finally, you'll need to be sure that the problem can be pinned on the company or other party, and not yourself. Showing that your behavior was level-headed will be a big part of a successful argument.
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