You may have had an accident outside your home that was not your fault. Whether minor or significant, the property owner is obligated to ensure the premises are safe from anything that might result in an injury. When such an accident occurs due to another party’s negligence or carelessness, you have the right to pursue a premises liability slip and fall case. However, you must prove to the court a couple of things for your case to be successful.
To help you prove the owner’s liability in the unsafe condition, Anthony Carbone, Hudson County Personal Injury Attorney, works with you as a consultant and a legal representative until you are rightfully compensated. Here is what you must prove:
Liability in slip and fall cases
You must prove that another person was responsible for your accident to be compensated in premises liability cases. The court needs to see that:
- The property owner or manager ought to have noticed the dangerous condition before and taken the necessary measures to repair it before the accident occurred but did not. Here, you must prove that any other reasonable person could have recognized the danger.
- The manager or property owner did something that resulted in the dangerous condition for the accident to occur. This could be anything from leaving a wet slippery floor or an obstacle that tripled and injured your body.
Proving negligence
To prove negligence, you have to show the court that the owner’s action or inaction had a causal relationship to your injury. They must have also failed to act as a reasonable person would when faced with a similar situation. Here, there are a few questions that need to be answered:
- Did the obstacle or situation exist long enough for a reasonable employee or the owner to eliminate it before the accident occurred?
- Did the owner or employees have routine checkups for such hazards? And if so, did they perform the routine before your accident?
- Was the accident caused by poor lighting or limited visibility that could have been solved?
Prove you didn’t cause the accident
The insurance and the owner will try to prove that you had something to do with the accident. Whether you were partially or totally responsible, it will affect your premises liability slip and fall case. This is referred to as comparative fault. To check if you are responsible, the court will see whether:
- You were engaged in an activity that might have prevented you from noticing the potential danger. For example, you could have been texting or talking.
- You had a legitimate reason to be on the premises where the accident took place.
- Whether the owner had placed sufficient warning to keep you aware of the potential danger
Proving liability in a slip and fall case may be challenging without the necessary skills and knowledge. That is why The Law Offices of Anthony Carbone represent you aggressively and relentlessly to ensure you get proper compensation. Call for a free consultation. Remember, you will only be charged after a successful case.