Proving Negligence in Your Slip & Fall Claim
In the state of Florida, personal injury cases have seen an almost exponential uptick over the past decade or so. And with far more cases than ever before, slip and fall claims have also seen a tremendous increase as well. Slip and falls, while you might not think they happen too often, in reality, they make up some of the most popular personal injury claims across the entire state! Accidents on other people’s property happen, and injuries are often the result, but when someone else’s carelessness (or negligence) is a factor, you may wonder about your legal rights and how you might go about seeking the damages you deserve. According to Ms. Anissa Morris, Esq, the best personal injury attorney Ruskin has to offer, whether you are pursuing an insurance settlement or filing a personal injury lawsuit, to win your case you will need to be able to prove that someone else—usually the property owner—is legally responsible for your injuries. And as is the case with almost every personal injury claim, you and your attorney must provide the judge and jury with certain keys to identifying liability – according to Ms. Morris, considered the best personal injury attorney Ruskin has in practice, there are two important questions you must be able to answer for the jury, in order to prove negligence.
· Who are the potentially liable parties?
· How were any of those parties negligent – how did they cause or fail to prevent the slip and fall accident?
As an injured party within a slip and fall claim, often you will be accused of causing the injury yourself, due to your own carelessness. This is one of the most important things you must be able to fight against – as they will accuse you of contributing to your own accident.
In order to hold another party responsible for injuries suffered in a slip and fall accident, an injured person must typically prove at least one of the following items.
· A property owner, agent representing the property, or employee, should have been aware of the dangerous condition and fixed the impairment that caused it to be dangerous for others to be walking over. According to Ms. Morris, the best personal injury attorney Ruskin has to offer, this doesn’t just have to be a wet floor without a sign, it can also be a pothole, uneven flooring, chipped tile, or anything else someone could fall on.
· Also, while the person responsible had identified the issue in which someone could hurt themselves, according to Ms. Morris, the top personal injury lawyer San Antonio has to offer, it must also be established that they had ample opportunity to remedy the situation before the accident occurred.
· Another theory that can come into play operates on the idea that the property owner or the employee responsible at the specific time, actually caused the condition which led the accident to occur. According to the top personal injury lawyer San Antonio has in practice, Ms. Morris – this means that they left some type of an obstacle in the walking path, without putting up a sign or anything else, so as to make sure people would evade it. And it would be reasonably understandable that someone would be able to fall as a result.
The most important thing for people to understand when it comes to negligence, is he use of the word “reasonable”. This is because while one person might see something as being hazardous, someone else may not. According to Ms. Morris, the top personal injury lawyer San Antonio has in practice, the idea of a reasonable knowledge means that the vast majority of people would see something a certain way. For instance, while you might think a wet floor is dangerous, but I don’t, we must ask the vast majority and see where they lie on the subject. While there are definitely far more factors that go into the idea of negligence, these basics are how a judge and jury will be able to decide on things. For more information on personal injury claims, be sure to contact Ms. Morris today.