Demonstrating Fault In Slip-And-Fall Accident Cases
Many laypeople understand that negligence or fault is a key piece of a personal injury lawsuit, but they may not understand exactly how fault is determined in such a case. In premises liability cases, plaintiffs must demonstrate both that a defendant has breached their duty by being negligent and that this negligence is the cause of a plaintiff’s injuries.
The attorneys at our firm, The Law Office of Katherine R. Moore, have represented both plaintiffs and defendants in personal injury cases, so we understand fault and liability from all angles. If you have been injured in a slip-and-fall accident or a trip-and-fall accident, we can help you construct a strong claim that can document the fault of the defendant and can help you obtain adequate compensation for your injuries.
How Slip-And-Fall Accidents Can Happen
There are numerous ways in which you might incur a slip-and-fall injury on someone’s property. Some of the most common events include:
- Slipping on a slick surface
- Tripping over loose, worn or ripped carpet
- Tripping over items left in the middle of a walkway
- Losing one’s footing on narrow or poorly lit stairs
- Slipping on a crack on the sidewalk
- Encountering an unseen hazard like a hole in the ground
A plaintiff has some responsibility in a premises liability case to act responsibly, and to anticipate common dangers on other people’s property.
Benchmarks For Proving Fault In Slip-And-Fall Accidents
In order to prove fault in your personal injury case, you will need to demonstrate the following:
- A hazard was present on the property
- The defendant should have been aware of the hazard
- The defendant owed you the duty of warning you about the hazard
- The cause of your injury was this hazard and not something else
- Your own behavior did not significantly contribute to your accident
Our firm’s lawyers can advise you about determining fault in your lawsuit, and the best strategies for obtaining the compensation you need and deserve.