As explained in AllLaw’s article “What You Must Prove to Win a Slip and Fall Injury Claim,” proving liability is the cornerstone of any successful slip and fall case. Whether you’re pursuing a personal injury lawsuit or negotiating an insurance settlement, the burden falls on the injured person to prove that the property owner was legally responsible.
In legal terms, “liability” simply means “responsibility.” To hold a property owner or business accountable for your injuries, you must generally prove one of two things:
- Failure to Address a Hazard
The property owner—or their employee—knew or should have known about a dangerous condition (like a wet floor, pothole, or uneven surface) and failed to correct it in a reasonable time. Courts often look at whether a “reasonable person” would have identified the danger and taken steps to fix it. - Creation of a Hazard
Alternatively, the property owner or someone working for them caused the dangerous condition—such as leaving an obstacle in a walkway—and it was reasonably foreseeable that someone could be hurt.
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Article with all rights reserved, courtesy of AllLaw — https://www.alllaw.com
