February 3, 2015
When we visit a business, whether a restaurant, shopping mall or other commercial area, we do not anticipate sustaining injuries due to dangerous premises. Slip and fall accidents however occur frequently, and if you or a loved one is left injured due to the negligence of another, you could be entitled to compensation for your injuries. A crucial element to garnering compensation for slip and fall cases is determining who was at fault. This is where things can get complicated. Proving liability can be difficult, so it is important to know how to determine who was liable so you are not left with the bill for your injuries.
Determining Who Was at Fault
If you or a loved one was injured in a slip and fall case and is filing a claim, you must be able to prove that the establishment, property owner or other individual was at fault. To do so, you must be able to prove that the other party had actual or constructive knowledge of the dangerous conditions that caused the accident.
Actual knowledge states that the business establishment or individual knew about the dangerous condition, while constructive knowledge states that the party should have known about the dangerous condition. Determining liability is typically straightforward, however, in cases where the details are not clear, a judge will determine whether the owner of the property was careful by deciding if they did or did not take the appropriate steps to keep the premises safe.
In most claims involving negligence, the case typically depends on whether or not the defendant acted reasonably. Reasonability is determined by whether or not the owner made regular and thorough efforts to keep the premises safe as well as specific factors from the case at hand. If you believe a business owner may be liable for your slip and fall, here are some things to consider:
- Did the victim trip over a carpeted area that was torn, broken or bulging?
- Was the area wet?
- Had the business owner or employees known about the area?
- Did the business owner attempt to fix the situation and can he or she prove the attempt?
- Did the victim trip over an object that had been placed on the floor? Did this object have a legitimate reason to be there?
- Would a simple warning, such as a caution sign, have been ample to warn the victim against the dangerous area?
- Was the lighting poor? Did it contribute to the accident?
When to Hire an Attorney
If you or a loved one has been the victim of a slip and fall accident, contact an attorney right away. Proving liability can be difficult and you do not want to risk losing the compensation you deserve. The legal team at the Khonsari Law Group can guide you through your case and can help get you the compensation you could be entitled to. To learn more about the Khonsari Law Group, contact us today or click here to get a free consultation.