Proving Liability in a Slip and Fall Accident
Every year, thousands of individuals sustain injuries in slip and fall accidents that could have been avoided if proper precautions were taken to prevent them. If you or a loved one recently sustained injuries in this type of accident, EFPC & Associates may be able to help you recover compensation. However, in order to pursue that you’re entitle to that compensation, you’ll need to prove that someone (or something) is liable for the injuries you’ve sustained.
Burden of Proof
In any slip and fall case, one of the most important steps is proving that someone else is responsible for your injuries. In some instances, the determination of whom or what is liable may be obvious. However, since this is not always the case, the burden of proof falls on you and your personal injury lawyer. In order to determine liability in a slip and fall case, one of the following must be true:
- The owner of the property or one of their employees created the hazardous condition that eventually led to you sustaining injuries (e.g. slick footing, torn carpeting, uneven floor or surface, etc.).
- The owner of the property or one of their employees knew the condition existed but failed to correct or fix it.
- The owner of the property or one of their employees should have reasonably been aware of such a hazardous condition.
At EFPC & Associates, the one we most commonly see in slip and fall injury claims is the third one above. Unfortunately, proving that the property owner or an employee was reasonably aware of the condition can be extremely difficult. In these types of cases, it’s up to your personal injury lawyer to prove that the property owner or someone in their employ was careless, liable, or negligent. And we do that with ease with a strong team of paralegal and administrative staff that ensures that the case is well-drafted.
In most slip and fall injury lawsuits, the two primary questions regarding liability are 1) what parties are potentially liable for your injuries and 2) were they negligent? In other words, did they cause your accident or fail to prevent it from happening? From the injury victim’s perspective in this type of case, they have to anticipate that the defendant’s lawyer will try to prove that they contributed to or were liable for their own injuries, not the property owner or one of their employees.
Why should You choose Our Legal Firm?
First and foremost, are compassionate towards every client that we represent, whether it’s in the courtroom or sitting down at the negotiating table. We only represent you, not the large insurance corporations. We understand that legal help could be required in order to get your life back in order while you are recovering. For more information about how we litigate slip and fall cases, contact EFPC & Associates today.