Unfortunately, accidents are a fact of life but there are times when you really need to take legal action in order to get what’s coming to you. In many situations you’re going to have an option for legal recourse, but you have to be able to prove that someone else is actually responsible for your injuries. That’s not nearly as simple as it seems. Let us, your expert slip and fall attorneys walk you through the process and get you familiar with what’s coming.
Slip and Fall Attorneys Look at Key Liability Questions
When dealing with a case like this there are certain key liability questions that to be asked, and we’re going to address two of them right now:
- Who are the Liable Parties?
- Were those Parties Negligent?
To determine the answer to the second question, you need to determine HOW the accident was caused. For example, were they directly negligent, or did they simply fail to prevent the incident from happening? More importantly, is the injured person at fault in any capacity? Sometimes these incidents can occur as a direct result of carelessness.
Liability Theories
It is important, in a liability case, to ensure that fault can be proven, and with that being the case, two items need to be properly demonstrated:
- The property owner failed to correct a dangerous condition that directly lead to the injury in question. In the end, it must be determined whether or not the injury could have been prevented had the hazard been corrected.
- The incident was caused by the defendant accidentally or intentionally leaving a hazard in the path of the individual bringing the suit. In this situation, it must be easily provable that the situation could have been prevented.
Negligence & Liability
More often than not, you’re going to hear the word ‘reasonable’ in settlement negotiations, and this occurs because in order for negligence to be determined, the individual who is being examined needs to meet the standards that we mentioned above. If you are involved in an accident, as yourself this: did the hazardous condition exist long enough that it should have been taken care of? Was there a policy in place that could have prevented the accident? Was there any justification for the creation of the hazard, and if so, was the justification valid when your incident happened?
Also take into account some of the factors surrounding the area, for example, if it had poor lighting or there was limited visibility. Finally, you need to be able to prove that you didn’t cause the accident yourself for the purpose of monetary gain.
Partial Blame
It is not uncommon for the property owner or their insurance carrier that the plaintiff (you) is at least partially responsible for the incident that led up to the injury, and if you want to have a successful slip and fall case, you MUST be able to prove that this scenario is not accurate.
In the end, it comes down to gathering evidence and making sure everything is properly recorded. After an incident, you really need to ask yourself this: “how do I find the best slip and fall lawyers?”, because you can be rest assured that whoever caused the accident is going to be working against you in the exact same manner. That being said, now would be a great time for you to give us a call and see what we have to offer you. Not only are we highly knowledgeable in the execution of the law, we are able to bring into our play our extensive experience as slip and fall lawyers in Fort Lauderdale, giving you the best possible chance in civil court.
In the end, the absolute last thing that you want to do is allow someone to walk all over you and rob you of the settlement that you deserve. That being said, it’s time for you to start getting your case together and ensuring that you have all of the evidence necessary to take the win. This is your life – don’t let an injury or a negligent employer ruin it.