When you or a loved one has fallen down on someone else’s property and you’re trying to seek justice for this accident through the means of a lawsuit, you’ll have to prove your injuries to the court to win. In certain circumstances, you’ll have the favor of the judge and jury if you can prove specific points. It also helps if you have the help of a lawyer. What are these specific points to prove in a slip and fall injury claim to help you to win?
Liability for a Slip and Fall Injury Claim
When you slip and fall on someone’s property because of dangerous conditions, your lawyer will need to be able to show some proof of your injuries by:
- The property owner or staff should have noticed the state of the area because another reasonable individual in their place would have known about that specific area and tried to fix it or put a warning up while it was trying to be fixed.
- The property owner did know about the dangerous condition but showed negligence and didn’t make any effort to fix it in a reasonable amount of time.
- Or, the property owner or employees caused the dangerous, problematic area by the means of a spill, broken floor, leak or another method.
Most property owners are good about the maintenance of their properties. This is usually the first point under discussion in a slip and fall case. The first point is also hard to prove because of the words “should have noticed.” It comes down to a jury deciding whether the property owner should have noticed the slippery spot that caused your fall injury.
Rationality for the Reasonable Person
When you present your evidence to show how a property owner is liable for the injuries you may have sustained when you slipped and fell, you will have to show how the property owner was negligent in their actions.
Your lawyer will have to prove how a reasonable person would act in that same situation. To explain it plainly, a reasonable person in the law of negligence is the creation of a legal fiction. That person is an ideal focusing on how a normal person, with average judgment skills, would act in certain circumstances.
Based on this information, a jury would decide if the defendant had acted as a reasonable person in light of what had happened. To help your legal defense you might want to help your attorney with some of the following facts about your case.
- Did your slip and fall accident involve tripping over something on the floor that would otherwise not be there?
- What kinds of cleaning activities did the property owner regularly do and how often did occur?
- If the slip and fall was the result of a leak in the roof, did the property owner allow a normal amount of time to fix it or did he leave it in this condition for months?
- Could it have been said that a reasonable person would have slipped and fell in the same situation?
If you want to prove your slip and fall claim and win, you need to have proof that a property owner was not reasonable within the terms of that definition. You want to have a good lawyer who is on your side. One who takes into account all the proof and proves to the jury and judge that a property owner was negligent.