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September 1, 2007

Proving Fault In A “Slip And Fall” With A Personal Injury Attorney

Filed under: Personal Injury Attorney, Personal Injury Cases — Personal Injury Attorney Expert @ 6:22 pm

Chances are that we’ve all suffered a fall at some point in our lives; whether it’s a minor spill or a nasty tumble that results in injuries, such an experience is never pleasant – and often embarrassing and painful. But when a fall occurs as the result of another person’s negligence, it changes from an accident to what could be a legally liable offense. Personal injury cases are brought against individuals or entities that are believed to have shown negligence or acted carelessly; behavior that directly resulted in an injury or injuries. If the injured party decides to the pursue the matter legally, they will typically engage the services of a personal injury attorney whose job it is to prove fault if fault exists.

Most often referred to as “slip and fall” accidents, personal injury cases that result from a fall can occur anywhere from someone’s private property to a store, or even on a street sidewalk. In the case of a “slip and fall” the personal injury attorney must show that the accident happened as a result of conditions set forth by the negligence of the defendant. The defendant in such a case can be anyone from the home owner where the fall occurred to the city that is responsible for the sidewalk on which you fell.

Whatever the environment or circumstances surrounding the incident, it is incumbent upon the personal injury attorney to prove that dangerous conditions – as a result of the defendant’s negligence or carelessness – contributed to the fall. If you fall in a store because the flooring was damaged, this may be considered a personal injury case if it was the responsibility of the owner to fix the floor and he did not. If you fall on a sidewalk because the city failed to clear the ice and snow, then this could also be considered a personal injury case.

The personal injury attorney must prove that such conditions were linked to the lack of actions – or blatant disregard – by the responsible person or entity. Proving such fault is often a murky area that is closely examined by all parties concerned. The most difficult part of proving fault in a slip and fall is proving that the defendant was aware of a possibly dangerous condition but did not do anything to rectify it; a rather tough case to prove with certainty.

In the case of a slip and fall that occurs in a public building or store, there could be many people who contribute to the responsibility – from the owners, to building or store management, to maintenance crews, and staff members. In order to prove fault it must be shown that responsible parties were ultimately accountable for the conditions that caused the fall – i.e., damaged floor, ripped carpeting, etc; knew about the conditions but did nothing to fix it; or should have known of the conditions because of their position.

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