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How to Place Fault in a Slip and Fall Lawsuit Thousands of injuries occur yearly, many of them severe, when people slip and fall on surfaces like floors and stairs that are slippery and hazardous. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. Here’s how a personal injury lawyer may attempt to show that a property owner is liable for injuries suffered in a slip and fall accident: 3 Conditions for Proving Liability If you’re a victim of slip and fall injury on someone else’s building owing to a dangerous condition, you’re more likely to win your lawsuit if you demonstrate one of the following conditions to be true:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting the accident.
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2. Either the person owning the property or their staff did acknowledge the dangerous situation but did not resolve it. 3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. The Issue of Reasonableness If you’re determined to show a court that a property owner is legally at fault for your slip and fall situation, you’ll most likely need to illustrate, at some juncture, the reasonableness of the landlord’s actions or inaction. In an incidence where a leaking roof over a stairwell is the root cause of the accident, for instance, how long the problem has been there uncorrected can show how reasonable the accused is. When the defect has been unattended for the past four months, it is less sensible that the property owner allowed it to stay unrepaired than it would have been if it had occurred only the night before the accident and the owner could not have fixed it before it had stopped raining. To strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. For example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there. Slip and fall injury claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.