Sometimes people take tumbles through no fault of their own. When you sustain injuries from a slip-and-fall accident, you need to speak to an attorney about your case. If the slip-and-fall accident resulted from the negligence of a property owner, you have the right to ask for compensation. Anyone who is aware that a step or surface is dangerous, and does not fix it is considered liable.
Proving Negligence
In order to prove negligence in a slip-and-fall claim, an accident attorney must demonstrate the following points:
* The claimant was owed a duty
* The owner of the property failed in his or her duty because of negligence
* The negligence resulted in a slip and fall
* The claimant was hurt
Usually, the most difficult aspect of slip-and-fall cases is proving that the owner was negligent. In Pennsylvania, the law requires certain factors to be shown in proving negligence. These factors are designed to underscore the irresponsibility of the owner and therefore are revealed by proving the following:
* The owner’s oversight produced a hazard
* The property owner knew about the danger but did not correct it
* The owner should have been aware of the hazard
How Much of the Accident Was the Claimant’s Fault?
In addition to proving negligence, an accident attorney must also find out if you, as the claimant, were responsible for falling. When this type of case is taken to court, the jury must consider who was more responsible for the mishap, the claimant or the defendant.
Examples of Neglect
Neglect or oversights that trigger a fall include the following:
* Poor concrete maintenance
* Holes in the ground
* A sloping ground
* Spills or liquids
* Icy or snowy conditions
* Failure to use a slip-resistant backing on carpet
Contacting an Attorney
If you have slipped and fallen, you need to review these factors with a specialist in personal injury law. You can find out more details regarding this type of case by contacting a firm like Alpern Schubert P.C. Personal Injury Attorneys today. You can also follow them on Twitter for more updates.
