If you have sustained injuries in a tripping accident, you might be wondering how you can demonstrate the negligence of the liable parties. Although providing evidence that the liable party was negligent is not easy, it is the only way to win your case and get your rightful compensation.
You can demonstrate the property owner was negligent if there was a very dangerous condition in the property that caused your accident. You will also have to demonstrate that the property owner is legally responsible for ensuring your safety in their premises and that they failed to do so, resulting in you getting injured. Proving fault in a slip and fall case is paramount to getting compensated.
According to the theory of liability in tripping accidents, the victims must demonstrate that the property owner should’ve known about a dangerous condition in their premises. Moreover, you should show that they could’ve fixed it to avert the danger but failed to do so, resulting in your nasty incident. The most important question is whether a reasonable person would have seen the condition as dangerous, and whether the owner had ample time to remove the danger before the incident occurred.
Moreover, the victim can demonstrate that the property owner or an employee caused the hazardous condition by leaving an obstacle on the pathway or left the floors wet, and it was obvious that someone could get injured due to the condition.
Demonstrating liability and negligence
In order to be considered negligent, the property owner must have failed to act the way a prudent person might have in the same situation. One factor that should be considered by plaintiffs when trying to assess whether the liable party acted reasonably is whether the dangerous condition existed long enough for a prudent property owner to get ample time to remove the hazard.
Another factor to consider is whether there was a plausible reason for the creation of the danger and whether the reason existed at the time of the accident. Additionally, it should be determined whether the dangerous condition could have been made less hazardous through measures such as putting up warning signage or restricting access to the area.
Demonstrating you did not cause the incident
The defendant’s attorney will try to determine whether you played any part in causing the incident by doing something distracting, such as texting on the phone, when another reasonable person could have noticed and avoided the danger. Moreover, getting compensation will depend on whether you were lawfully in the vicinity. If you were trespassing when you tripped, you may not get any compensation. Additionally, if there were adequate signs and safety measures that you ignored or did not follow, the defence can use it to show that you got injured due to your own carelessness.
You must show that the liable parties were negligent in order to get compensation, but this is not easy. Therefore, if you have been injured in an accident, reach out to an experienced lawyer who can not only help you gather evidence, but also utilise it to strengthen and win your case.