It can hurt to get into a slip-and-fall mishap. It could be in your best interest to sue the negligent party and get your money back. However, when you are unsure of whether you have a legitimate claim at all, things may get tricky. To win a lawsuit, it is crucial to understand the components of carelessness and how to prove them.
If the property owner knew about the dangerous state or had ample time to take action but chose not to, it is typically considered carelessness on their part. However, because of the strict contributory negligence rule, it might be especially difficult for accident victims to fulfill the state’s legal requirements if they read more carefully.
According to the contributory negligence rule, you have a far lower probability of receiving any compensation at all if it is determined that your activities were a contributing factor in the accident. Thus, it’s critical to understand how to compile solid evidence, craft compelling arguments, and prevail in court. You may get assistance with the procedure from a slip-and-fall lawyer.
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Key factors in determining the value of your claim
Now that you know the elements of a slip-and-fall claim, it is important to understand the key factors that determine the value of your claim. Here are some questions to ask:
Was the hazardous condition avoidable?
One of the basic questions in a slip and fall case is whether the hazard was avoidable. This determines if the dangerous situation could have been avoided if the property owner had acted reasonably. The court will consider if the average person could have noticed the danger. For example, if a sign was properly placed, the condition may not be deemed avoidable.
Was the property owner aware of the hazard?
Next, understanding whether the property owner was aware of the hazard is important. If the owner had knowledge–or should have had knowledge of the risk, they could be held responsible for failing to act.
Did the property owner take reasonable steps to fix the issue?
If the property owner was aware of the problem, they should have taken proper steps to solve it before anyone got hurt. If the owner had ample time to remove the hazardous situation but acted negligently, your case is completely valid.
What are the key elements in a valid slipping and falling accident claim?
There are four main elements in a valid slipping and falling accident claim. These include the following:
- Duty of care: Property owners are responsible for maintaining the safety of guests and visitors to their property. This duty extends to all individuals who enter the property, whether they are invitees, licensees, or even trespassers in certain situations.
- Breach of duty: Neglecting to take responsibility and resulting in an injury on the premises is a breach of duty. This usually means that the property owner was negligent in maintaining safety and taking reasonable actions to avoid accidents.
- Causation: Causation is about establishing a direct link between the property owner’s negligence (breach of duty) and the injury sustained by the victim. This part is important because it must be proved that the victim’s injuries occurred directly because of the slip and fall accident.
- Damages: Damages refer to the losses or harm suffered by the victim due to the slip and fall accident. This includes not only your physical but emotional and mental injuries as well, such as loss of companionship, loss of quality of life, etc.
Wrapping up!
If you are a slip-and-fall victim, you might be wondering whether it was your fault or the property owner’s. People often blame the victim, thinking that they did not see the hazardous situation due to being distracted. However, that is not always the case. Hire a slip-and-fall attorney today!
