It is common for accidents to occur. A slip and fall accident could happen anywhere, including your workplace, at the convenience store, or even at someone else’s residence. This is because there are many potential slip and fall accident causes such as wet floors, broken staircases, and other items left on the floor. Below are ways of proving that a slip and fall accident was not your fault.
Proving negligence
To get compensation for injuries sustained or losses incurred in a slip and fall accident, you have to prove who was negligent. It is not enough to show that the fall was due to an accident. You must prove that the accident could not have happened if not for another party’s negligence.
This means that someone should have done something to prevent the accident, but they didn’t. It can also mean that they did something to cause the slip and fall. The negligent party could be a property owner, an organization, or an individual. For example, if someone poured a slippery substance on the floor that led to the slip, and there was no warning sign, this can be used as proof of negligence.
Proving that you didn’t break any rules
If you didn’t follow property guidelines or you broke a rule that resulted in the accident, your lawyer will have a tough time proving that you were not at fault. If you acted recklessly before the accident, the other party could argue that the accident was your fault.
If you can prove that you followed all the rules, an attorney can absolve you of any fault. For example, if you visited a building under construction and you were not on the designated walking path when the slip and fall accident happened, the other party could blame the accident on you.
Hire an experienced personal injury lawyer
Hiring an attorney is the best way to prove that the accident wasn’t your fault. Contact an attorney immediately after the accident. Your lawyer will have the means and the experience to investigate the accident and prove that it wasn’t your fault. Ensure you follow their instructions and be very careful when talking to insurance adjusters.
How the law determines liability for a slip and fall accident
Slip and fall accidents that happened on someone else’s commercial or residential property can form the basis of a legal claim. The property owner can be held legally liable for the injuries you sustained if the following is true:
1. The property owner or one of the employees of the building directly caused the slip and fall by spilling dangerous items on the floor surface
2. The building owner or someone that works there knew that the floor was dangerous but did not do anything about it
3. It was someone’s responsibility to get rid of the dangerous surface, but they didn’t do it
4. Someone placed an object on the floor to deliberately cause the fall
5. The property owner did not put a warning sign to prevent people from slipping and falling
Thousands of people are injured annually in slip and fall accidents. While sometimes the property owner is at fault, other times the victim is to blame for their own careless behavior. Slip and fall accidents are challenging because it’s hard to prove that someone else is responsible for you slipping and falling.
The court investigates whether the property owner knew about the danger and whether they took the right steps to ensure that the accident doesn’t occur. The court will also confirm if you might have acted recklessly and caused the accident.
