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What You Must Prove for a Slip and Fall Accident Claim

It can be extremely difficult, to find out whose fault it is when an accident happens at work. Especially when it comes to slips and falls. Every year, hundreds if not thousands of people are seriously injured after they have slipped or fallen over at work. The surface might have been slippery, or uneven or there may have been a trip hazard left around by a lazy employee. So, how does the court decide who is responsible for slip and fall injuries

Here are some of the factors that will be looked into. 

Could the property or business owner have prevented the accident from happening?

One of the first things you need to ask yourself if you are considering filing for a compensation claim after you or a loved one has been injured is whether there is a clear fault. Could it have been prevented?

If there is a wet patch on the ground because it is a place where rainwater collects, this could be a fault. However, if there is a drainage grate in that location, the owner has obviously tried to prevent the accident from happening.

Property owners who own property that has regular public footfall are legally obligated to take steps to ensure that the area is clear of dangerous conditions. This includes injuries such as slip and falls.

If you think you are eligible for a claim after a slip and fall due to someone else’s negligence on their property you need to be able to show one or more of these things to win your case:

  • The owner of the property, or his employees, should have known about the dangerous hazard because any “reasonable” person in their position would know about it and would have fixed it.
  • The owner of the property did know about the hazard but ignored it.
  • The owner’s employees knew about the problem and ignored it.
  • The owner caused the dangerous hazard
  • The owner’s employees caused the dangerous hazard

The vast majority of people who own properties, tend to manage the upkeep on their properties. That is why the first of the points above, is usually one that is easily litigated. It can be hard to prove because “should have known” is not a quantifiable variable, i.e one that is not right or wrong but falls somewhere in between the two. 

If you feel you have an honest claim for negligence for an accident, you will need to figure out the damages that you want to seek recompense for. To work this out you need to count up how much you spend on medical bills, lost wages and pain and suffering.

Hopefully, you will never have to use the information in this article. However, accidents do happen, and it can be extremely unfair if you are made to suffer for one that is not your fault. Knowing your rights and what you need to prove should give you a good start If you end up in this unfortunate situation.


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