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How to Place Fault in a Slip and Fall Lawsuit Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. Although compensation to victims of slip and fall injuries is supported by personal injury law, placing fault on the property owner is not always that clear cut. 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 When you’ve suffered slip and fall injury on someone else’s property due to a perilous situation, you most likely have a valid case in a court of law if you can prove the following conditions to exist:
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1. Either the owner of the property or his employee should have been aware of the risky condition that led to the victim’s slip and fall injury because someone reasonable in the circumstances would have known about it and fixed it, preventing the accident.
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2. Either the owner of the property or their employee knew about the risky situation but failed to fix it. 3. Either the owner of the building or their personnel caused the risky situation that led to slip and fall injury to the claimant. The Question of Reasonableness While you’re on track to prove to court that a landlord is legally liable for the slip and fall injuries you suffered, you’ll at some point be required to show the reasonableness of the property owner’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. If the leak has been there for the last four months, it is less reasonable for the landlord to let it remain unfixed than it would have been if it had just started the night prior to the accident and the landlord was waiting for rain to stop before they could fix it. To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. An example is a landlord not being at fault when a tenant trips over a rake on a yard since the object does not have to be always removed. 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.