Premises liability is sometimes an intimidating claim for someone suffering from an injury to make. Sometimes, the thought of blaming a person who likely was not even present at the time of an accident seems like a lofty goal. However, premises liability is a real and valid option for those who need compensation after injuries.
If someone slips and falls because of inadequate maintenance or a dangerous setting, then they deserve compensation from the person who owns or maintains the property. After a serious fall, the injured often have one question: how do you prove fault after a slip and fall accident? Slip and fall accidents are serious, and they account for over 8 million emergency room visits each year. This means that an experienced premises liability attorney will know how to prove negligence for your recovery.
The Three Crucial Factors to Prove Fault Slip & Fall Claims
Duty of Care
Like any other premises liability claim, individuals are grouped by which type of visitor to a property they are. A person’s visitor status defines how responsible a property owner is for their injuries. This is also known as duty of care.
For most slip and fall claims, the injured person is might be an invitee. An invitee is a customer at a store, an occupant of a rental home or apartment, or a client at a business. In other words, an invitee is someone who is expected to be on a property and should be protected by the owners of the property. Other types of visitors include entrants, licensees, and trespassers.
Was the Accident Preventable?
The first step to proving fault in a slip and fall claim is by examining the property owner’s responsibility to the injured. An attorney will investigate the circumstances of a slip and fall accident and assess whether the property’s owner failed to ensure that it was safe for visitors. Courts will examine if a person was acting responsibly and if the surface which caused them to fall was adequately maintained or marked for danger.
Did the Property Owner Cause the Accident?
This is the final, most important, and sometimes most difficult thing to prove during a slip and fall claim. An attorney will use evidence from the scene of the accident and the property owner’s duty of care owed to their client to prove fault. An experienced attorney will prove that the property owner owed the client care, was negligent with property maintenance and will combine these factors to prove fault.
Call HHR at (888) 498-3023 After Your Slip and Fall Accident
Handler, Henning & Rosenberg LLC knows what it takes to help those suffering from a slip and fall accident. We know that no one should suffer because of irresponsible property owners and fight for the recovery of our clients. Since 1922, we’ve refused to settle for less than clients deserve and have won tens of millions for them as a result. Call us today for a free consultation at (888) 498-3023.