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You might receive compensation if you fall on another’s property and file a slip and fall case. Prove property owner’s fault in slip and fall cases under premises liability laws.

This blog offers insight into slip-and-fall case difficulties and compensation possibilities.

Negligence Must Be Proven

You must show that the property owner or occupier breached their duty of care in order to succeed in a slip and fall lawsuit. They must have acted irresponsibly in a way that directly contributed to circumstances that resulted in your fall and injuries.

So Who Is Negligent? Owner vs. Occupier Negligence

Slip and fall cases can be challenging since occasionally the occupier of the property is not the owner. Be aware of who’s responsible for maintaining property & what errors count as negligence.

Every landowner owes a duty of care to their property. If they are aware of a hazard or ought to be aware of one and fail to address it and/or issue the correct notice, they may be held liable for any falls that ensue.

Additionally, occupiers are responsible for maintaining a safe environment on their property. They must also address any hazards in the place they are renting if they are aware of them or should be aware. They may also need to alert visitors about the danger. Occupants are required to immediately tell the property owner if they are unable to fix the hazard themselves.

Components of Negligence

Demonstrate negligence to receive damages in a slip and fall action, regardless of whether you are suing the property owner or an occupant. Additionally, there are other particular elements of negligence that you must prove, such as:

  • The owner or occupant of the property either created the dangerous state, knew about it, or ought to have known about it if they had exercised the level of caution that a reasonable person would have shown.
  • The owner or occupant of the property neglected to warn of the danger or make the necessary repairs when there was a fair opportunity to do so.
  • The owner or occupier’s negligence directly caused the injury.
  • The damage was detrimental.

You can demonstrate negligence in a slip and fall lawsuit with the use of accident site photos, expert witness testimony from snow and ice slip and fall expert witnesses, and medical records. 

More Challenges to Work Through

You might have some culpability for the fall in some circumstances. For instance, Avoiding a sign warning of a damp floor increases your risk of falling. You can assess negligence in your circumstance with the aid of an ice slip and fall specialist.

Depending on the particulars and local legislation, your role may or may not affect your ability to bring a slip-and-fall claim.

Contributory Negligence

Contributory negligence laws are in place in a small number of states. This means that you will not be entitled to financial compensation for your slip and fall if you in any way contribute to your own injuries.

Comparative Negligence

Comparative negligence regulations have largely taken the place of contributory negligence regulations throughout the United States. Even if you contributed to your own fall, you may still be able to file a claim if your state has laws governing comparative negligence. However, you’ll get less money for it.

A snow slip and fall expert can help you determine who is negligent in your situation. You must be able to show that someone else—typically the property owner—is legally accountable for your injuries whether you are pursuing an insurance payout or bringing a personal injury lawsuit. Reach out to Jeremy Swenson for expert assistance.

DISCLAIMER: Information contained in this Website and blog is intended for informational purposes only and do not necessarily reflect the direct opinions, views or practices of Swenson Consulting or its consultants. The individuals who maintain this blog work for Swenson Consulting. The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. All decisions relating to the content of the website blog belong to the blogger and management company responsible for the blog for the purpose of aggregating relative industry specific information related to snow removal.

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