Thursday, November 3, 2016

Two Factors that Can Affect a Slip-and-Fall Case

Many people suffer both minor and major injuries from slipping or tripping on a floor at a grocery store, on defective stairs in a restaurant, or on a rough patch of ground in the neighborhood. Though accidents like this happen all the time, it doesn’t mean they should just be ignored. If you think the accident could have been avoided had the property owner followed precautionary and safety measures, then you may have a viable slip-and-fall case. It is, however, not as easy as it sounds. There are factors that can affect the outcome of your case; understanding these factors is essential.


When proving the liability of the defendant, you need to show that they should have known and addressed the dangerous situation on the basis that a “reasonable” person in the same position would have done so. Because this is tricky to prove, you need specific details about the situation. For instance, you should find out how long the defect has existed and whether the owner had enough time to rectify it. If you tripped over an object, you must establish whether there was a legitimate reason for that object to be there.


Self culpability can impact the outcome of your case. Because courts use the rule of comparative negligence, your compensation may be reduced if you have contributed to your own accident. For example, texting while going down stairs or using a road despite a warning sign can affect your case. To gain ultimate compensation, you must prove you were not careless during the accident.

Your slip-and-fall lawyer will consider these factors to form a strategy for your case. You need to tell him/her all the details about the accident to ensure that your case is viable.

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