Liability is the most important aspect of filing a personal injury claim that involves slip and fall accidents. Why is it so significant? You, along with your slip and fall lawyer in San Diego, have the task of proving that someone else’s negligence played a role in causing your injuries. However, holding the negligent party accountable for their actions often requires some legal maneuvering.
Proving Negligence and Liability
The term “reasonable” will often appear when negotiating settlements with insurance companies for slip and fall accidents. This usually indicates that property owners have an obligation to maintain safe environments for anyone who enters the premises. In other words, if a slip and fall accident occurs on their property, you must prove that they failed to act reasonably.
There are several steps you can take to win your slip and fall accident case. If you need more help assessing the liability of your situation, ask yourself these questions:
- How long did the hazardous condition exist before the accident? Did anyone notice the hazard and act within a reasonable amount of time to eliminate it?
- Is there a policy in place where employees must routinely check for hazards? Was that policy ignored? Is there a log detailing when inspections took place?
- Was there justification for the hazard, and was it relevant at the time of the accident?
- Were efforts made to mitigate or relocate the hazard? This includes warning signs or barriers to prevent people from entering any hazardous area.
The Elements of Negligence
To win your personal injury claim for a slip and fail accident, you must satisfy four elements of negligence. These elements include:
- Duty of Care: Property owners (and their employees) have a duty to eliminate hazards and other dangerous conditions that can potentially cause harm to people.
- Breach of Duty: It constitutes a breach of duty when property owners fail to eliminate hazards, contrary to what reasonable people would do in similar circumstances. Many accidents that occur on their property often represent a failure to uphold their duty of care.
- Cause: You also have the task of proving that their breach of duty contributed to the fall.
- Damages: As the claimant, you also have to prove that you suffered medical, emotional, and financial damages from the accident. Fortunately, medical bills and other related documentation will support your claim.
Who is Liable?
Throughout this article, we have discussed liability in slip and fall cases as it relates to property owners. However, multiple negligent parties can be found responsible for your injuries which why it’s important to know your rights after a slip and fall accident. These responsibilities include:
- Property management companies
- Tenants who lease or sub-lease their property
- Contractors or sub-contractors undertaking construction projects or property renovations
- Other employees or representatives of the property owner
An Attorney Can Boost Your Odds of Proving Liability
Negotiating a personal injury settlement can be very overwhelming, especially when you have the task of proving liability. However, you deserve compensation to pay off your medical expenses and other damages resulting from your injuries.
You most certainly need to hire an experienced attorney to represent you during settlement negotiations with corporate insurance providers. Here HHJ Trial Attorneys, we provide reliable legal services for Californians who suffered serious injuries from slip and fall accidents. Schedule an appointment with us today, and we can immediately begin reviewing your case.
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