All property owners, whether they are homeowners or business owners, have a duty of care to their visitors. That means that property owners need to provide a safe and healthy environment, and are responsible for fixing it when it is not in top condition. You are responsible as a property owner, for making sure that there are no problems that cause mild to serious injury or harm, from the plumbing, to electrical systems, to the fence around the pool.
Every year there are thousands of premises liability claims that are filed in the United States. Unfortunately, many of them are lost because of the difficulty of these cases. Homes and businesses have a lot of potential hazards such as a wet floor or a broken fence around a pool. While property owners have a duty to provide a safe environment for visitors, sometimes they don’t. Working with an experienced attorney increases your chances of winning damages.
In slip-and-fall cases the burden of proof falls on the victim, whose attorney will need to prove negligence on the defendant’s part. There are two main things that an attorney would need to show:
- That the plaintiff owed a duty of care to the victim
- That the plaintiff failed to provide a safe premises in line with applicable standards, which caused the accident and resulted in the victim suffering an injury
This is relatively easy to do in car accidents because the indisputable evidence is there – the damaged vehicle, deployed airbag, or property damage. There may also be witnesses or, in some cases, camera footage of the accident.
But slip-and-fall accidents often do not have any witnesses or evidence proving how the injury occurred.
Another reason why these cases are difficult is because the plaintiff’s attorney will have to prove that the property owner had reasonable knowledge that the potential hazard existed or was present, and had reasonable time to take appropriate action to correct it but failed to do so.
How To Increase Your Chances Of Winning Your Slip And Fall Accident Case
If you have been injured due to a business or property owner’s neglect, then you deserve compensation for your damages. However, even though this makes sense to most people, these cases are actually quite difficult cases to win. This is why you need an intrepid attorney who has successfully represented other slip and fall accident cases, and who can help you hold the property owner liable for your injuries so that they pay for your recovery.
Keep A Journal of Your Injuries
It is recommended that you keep track of the condition of your injuries as you continue to heal and get treatment. A daily diary that describes the amount of pain you’re in, the body part where you were experiencing pain, and whether or not you have attended any doctor’s appointments or appointments with a physical therapist can help your case.
Ask Your Attorney Questions
There are many legal theories that you will hear about and have to understand as you proceed, such as comparative negligence or what the expectations are if you need to participate in virtual hearings. It is best to ask your attorney for clarification on anything, including court dates and what documents they need from you.