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How to Demonstrate Fault in a Fall Injury Case Thousands of injuries occur yearly, many of them severe, when people slip and fall on surfaces like floors and stairs that are slippery and hazardous. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. Let’s look at ways a personal injury attorney may succeed in demonstrating that a building owner is responsible for injuries incurred in a slip and fall scenario: 3 Conditions for Proving Fault If you’re a victim of slip and fall injury on someone else’s building owing to a dangerous condition, you’re more likely to win your lawsuit if you demonstrate one of the following conditions to be true:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting the accident.
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2. Either the owner of the building or their staff saw was aware of the dangerous condition but failed to correct it. 3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. The Question of Reasonableness If you’re determined to show a court that a property owner is legally at fault for your slip and fall situation, you’ll most likely need to illustrate, at some juncture, the reasonableness of the landlord’s actions or inaction. In an incidence where a leaking roof over a stairwell is the root cause of the accident, for instance, how long the problem has been there uncorrected can show how reasonable the accused is. In case the leak has existed unfixed for the past 120 days, it’s less logical for the building owner to fail to fix it than it would have been had it started just the night prior to the accident and the accused could not have fixed it immediately while it was still raining. To strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. For example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there. Slip and fall injury compensation is not always easy to win in court, although there are conditions that can be proved with the input of a good attorney to show liability on the landlord’s part.