Proving Liability In Slip and Fall Injury Claims
The two components of a premises liability claim are:
- Did the property owner behave rationally in trying to prevent hazardous situations
- Was the victim acting recklessly
Slip and fall claims are investigated by adjusters who represent each party’s insurance provider. Adjusters determine if the cause of the incident is related to a pre-existing hazardous condition and if it could have been avoided through proactive engagement. Whether or not the victim could have expected environmental risks from prior experiences is also important since this refers to the concept of “avoidance of obvious danger.”
For the plaintiff to present a legitimate case, the owner of the property must have been acutely aware of a hazardous condition and has a history of ignoring its threat. The point of concern must have existed long enough for the owner to have adequate time to correct the situation before an accident took place.
A Fast Help attorney can review the details of your case and investigate the circumstances surrounding your accident. Where it is difficult for a private citizen to collect evidence in a slip and fall case that involves private property, our affiliated personal injury attorneys can work within the court system to obtain the right to access the defendant’s property without their consent.