Monday, April 9, 2018

What Juries Will Consider in a Slip and Fall Accident Claim

It is the responsibility of a property owner to show reasonable care in the maintenance of his or her property. A slip and fall injury is a common occurrence, with thousands of claims made each year. Many victims suffer serious, life-altering injuries that can result in wrongful death.

If it is proven that a property owner was negligent and should have known about the dangerous or defective condition that caused the slip and fall, you may be compensated for your injuries.

Here are a few questions one needs to be aware of and answer when filing the claim. These are questions that juries will consider. 

·         Did the property owner use his or her common sense?
·         Was there something the property owner “should have known” was dangerous?
·         Did the property owner use reasonable care to keep the property safe?
·         Did you slip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?
·         Has any accident happened there before?
·         Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
·         If you slipped over an object someone placed or left on the ground, was there a good reason for the object to be there?
·         If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
·         Was there a safer place the object could have been located?
·         Could a barrier have been created to warn people of a potential danger?
·         Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, you may have a claim for compensation. Every slip and fall accident is unique, and it is best that an experienced slip and fall attorney is hired to handle the case.

2 comments: