The duty of a property owner is to maintain a safe environment so that no one gets injured. They also must make sure that their employees are upholding this standard as well. However, this isn’t always the case. Even with the strictest precautions taking place, people still can get injured. Owners or employees may have acted negligently, causing you to have a slip and fall accident. A slip and fall accident is simply where someone slips and trips and is injured on someone else’s property due to some kind of negligence. You shouldn’t have to pay for their negligence. The property owners are liable for accidents that happen on their premises and injuries you may have sustained. You have to prove that they failed to use reasonable care on the premises causing you to have an injury. In order to bring a claim and prove the other party was liable, you must prove different elements. It’s also important to note arguments the property owner may make against you.
In order to hold the other party accountable for your injuries, you must prove several different things. You must prove that the property owner or employee should have recognized the bad situation and alleviated it but chose not to, which is negligent in nature. An example of this would be an uneven walkway that has existed for months. You must be able to answer the question of “Would a reasonable person see this situation and have enough time to remedy it before an accident occurs?” An example of this would be providing a warning sign. You may also prove that the property owner or employee caused the dangerous situation themselves and a reasonable person could see an accident occurring due to their negligence (even if they felt it wasn’t necessarily negligent). An example of this would be leaving a vacuum plugged in and someone tripping on the cord.
These are the types of evidence that will help you establish the property owner’s liability in your accident and hold him/her accountable for your injuries, damages, and losses:
Testimony from expert witnesses. Never underestimate the power of testimony from experts. A reconstruction expert will be especially invaluable in your premises liability battle, because they can recreate how the slip and fall accident occurred, why it happened, how it happened, and whose negligence led to the creation of the dangerous condition that resulted in the accident. Besides reconstruction experts, your case should also include expert testimonies from medical professionals, building professionals, vocational experts, and others who can establish liability in your slip and fall accident and testify regarding the scope of your injuries and damages.
Photographs and videos from the scene of the accident. Take photos and record videos of the scene of the accident that clearly show the dangerous condition or hazardous situation that led to the accident. For example, if you slipped on wet floor, record a video of other people sliding on that same spot or walking carefully to prevent slipping (while there is also no “Caution! Wet floor” sign in sight, which can also be shown on your video).
Testimony from eye witnesses. Just like expert witnesses, eye witnesses – the regular people who either witnessed your slip and fall accident and/or nearly became victims themselves – can become the driving force for your premises liability case as well, as they can provide invaluable statements regarding the dangerous conditions and how that condition was or was not handled by the property owner.
Documents obtained through an attorney. If you are represented by a Aventura slip and fall accident attorney, you can obtain certain documents that can serve as sufficient evidence to win a premises liability claim. These include but are not limited to: maintenance logs, inspection reports, safety manuals, and others.
When you bring a claim like this you have to be prepared for arguments the other party may have against you. One argument that can be made is that you did not have a legitimate reason for being in that area. For example, if you entered an area that is blocked off then you no longer have a claim. Another argument formed against you may be ignoring the posted warnings. An example of this would be ignoring a “Wet Floor” sign and slipping and falling and getting an injury. One last argument that the other party may make against you is that you were so engaged in an activity that you did not notice the hazards that existed. An example of this would be texting on your phone causing you not a see or pay attention to a sign that read “Caution”. These claims can make the court throw the case away.
When you slip and fall and get injured it can be frustrating. It may have been an accident but you still have to deal with the consequences. It’s especially frustrating when it was not your fault. It was the property owner’s (or employee’s) fault for not keeping a safe environment. This scenario isn’t anything you could’ve prepared for in advance. You need an expert personal injury attorney by your side. Contact us today for experienced attorneys who will fight to get you the compensation you deserve. Call 305.931.6666 or 954-523-8292 for a free consultation. Our simply fill out our contact form.