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What does it take to win a slip-and-fall case?

If you were badly injured on someone else’s property then you may be facing a painful physical recovery. The hospital bills alone will be difficult to manage. You may also be subject to missed wages from work. It can be tempting to file a lawsuit against the business or owner of the property where you were injured.

It is a property owner’s duty to uphold reasonably safe conditions. A business or property owner may be held financially accountable for their guests' injuries if they do not keep their premises safe. In order to be awarded compensation your lawyer will need to present specific evidence in a lawsuit. You must prove two important things to win your case. Your attorney will need to prove that:

  1. The defendant exhibited negligence that caused your injury.
  2. You did not contribute to the cause of the accident.

Proving negligence

You will need to prove the property owner’s negligent behavior lead to your accident in order to win compensation. Essentially you should ask yourself the following question: Could the accident have been avoided if the owner was more careful?

For example, let’s say that two servers bumped into each other at a local restaurant. Two full glasses of water and ice dump all over the floor. They did not set up a “wet floor” sign and did not make an attempt to clean the mess. You did not see the spill. You slipped on it, injuring your wrist in the fall. In this case the employees knew of the spill and did not take action to fix the dangerous conditions. The property owner may be liable for their negligent behavior.

You have a responsibility

Everyone has a responsibility to be aware of their surroundings to avoid dangerous conditions. The owner may not be held liable for your actions if a reasonable person would have avoided the dangerous conditions. For example, you knock over your own drink at the restaurant then immediately slip on the spill. Your own contribution to the accident will be taken into account in a slip-and-fall case.

On the other hand, the owner of the establishment must have a suitable amount of time to take care of the issue. If you walked past the servers just as they dropped their glasses and immediately slipped on the water, then the owner did not have a reasonable amount of time to remedy the situation. In this case, the owner would not be liable. If you were injured due to a property owner’s negligence, then you should contact an attorney to learn more.

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