Whether it’s a piece of carpet that wasn’t tacked down properly at a shopping mall, or a piece of cracked flooring at an area grocery store, slip and falls and trip and fall accidents can occur at any given moment. Unfortunately, when such incidents happen, someone gets injured and sometimes those injuries can be quite serious. That being the case, anyone who has been involved in a slip/trip and fall incident should seek legal guidance from a skilled Naples trip and fall lawyer as soon as possible to begin the case evaluation process.
What Must Be Proven?
In order to be successful in a trip and fall case or claim, an accident victim must be able to establish property owner liability. Generally, the issues to be resolved include a determination of the liable parties and whether or not those parties were negligent in causing or failing to prevent the slip/trip and fall from happening. It will also be important for the injured party to be able to demonstrate that he or she did not contribute to the accident in some way.
A Look at Negligence and Liability
In order for individuals and/or entities to be deemed negligent for someone’s damages in a slip/trip and fall case, either the property owner or his or her employee/agent must have failed to act in a way that a reasonable person in a similar situation would have acted. When considering one’s “reasonableness,” the factors to be examined include a look at whether the problem or hazard existed long enough for a reasonable owner or employee to have noticed it and removed the hazard; considering whether or not there was reasonable justification for the creation of the hazard and if so, did the justification still exist at the time of the incident; and whether the area was poorly lit and/or limited in visibility and if so, did that play a role in causing the slip/trip and fall.
Did You Play a Role in the Accident?
Undoubtedly, in an effort to avoid a big payout, a property owner (or the owner’s insurer) might claim that the injured party, in some way, contributed to the slip/trip and fall incident that resulted in the injuries sustained. In the legal world, this is commonly referred to as contributory negligence or comparative negligence.
Given the potential of the defendant using such an argument, it is crucial for injured victims to work with skilled attorneys who will gather the evidence, take pictures, obtain medical records and question any and all possible witnesses to the incident to ensure the best outcome possible.
Get the Just Compensation You Deserve
If you or someone you love was injured in a slip/trip and fall incident, and you have questions about liability and recovering compensation for your harm, do not hesitate to contact Ryan Kuhl at The Kelleher Firm as soon as possible to discuss the specifics of your case. Let us help you have the best chance at obtaining maximum compensation.