If you have been personally injured in a slip and fall accident on someone else’s property and are considering a lawsuit, it can sometimes be more difficult than you think to prove that the property owner is at fault. Depending on the particular circumstances, the property owner may or may not be responsible. Every slip and fall case is unique with many different intricacies to evaluate. Was the property owner careful in ensuring that slipping and tripping was not likely to occur? Were you irresponsible or careless by not paying attention to how you could have avoided the fall?
When determining liability for your personal injury, one or more of the following should be pertinent to your case:
- The property owner, or an employee, must have caused the conditions in which you sustained personal injury. Whether it was a spill, torn flooring or slippery surface, it must be proven that the owner of the property, or an employee of the property, caused the specific conditions that in turn caused your accident.
- The property owner, or an employee, knew about the unsafe conditions but did nothing to repair or correct it.
- The property owner, or an employee, should have known about the unsafe conditions and corrected it prior to your accident.
Obvious negligence or proof of negligence is vital to proving fault in your slip and fall personal injury case. What may seem like property owner negligence can in some cases be seen as carelessness on the injured person’s part. Here are a few questions you may want to ask yourself when determining liability for your personal injury:
- Was there a valid reason, a reason the owner should have foreseen, for you being in the unsafe area that caused your accident and personal injury?
- Would a responsible or careful person have noticed the unsafe conditions and avoided it or taken adequate safety measures to not slip and fall?
- Were any cautions or warnings posted that the area may be unsafe? Any barriers constructed to aid in keeping you away from the dangerous conditions?
- Were you occupied by any distractions or activities that contributed to your accident?
These are just a few of the many questions to ask yourself when determining liability for your accident. There are many more specifics to assess in every case before being able to prove fault. With these complexities and personal injury statute of limitations in mind, your best bet is to contact a personal injury attorney for assistance as quickly as possible. Please call The Law Office of Kyle W. Jones at 661.833.1090 to discuss the details of your case and to determine if we can be of assistance to you.
