As the saying goes, “accidents happen.” When they do, you need to know our rights and options. Personal injury lawsuits are some of the most common cases and slip and fall accidents are the most common type of personal injury. Many people have heard of a slip and fall but they do not know what it entails or how it affects their case. In this article, you will discover some of the conditions of a slip and fall accident and how it affects litigation.
Who is at Fault?
When it comes to slip and fall accidents, liability is the crux of the case. It is the responsibility or burden of proof of the plaintiff to prove that the defendant is responsible for their fall. The plaintiff has to prove the fall occurred due to three major occurrences.
The first is lack of property maintenance. It is the responsibility of a property owner to maintain their property to the best of their ability at all times. If there are worn down areas, obstructions, and other debris on the premises it can cause major accidents.
The second claim is knowledge of the danger. If the property owner knows that there are dangerous obstructions on the premises and they do nothing to remove them, they are liable for damages. This is called negligence and it is similar to the first occurrence. The only difference is the knowledge of dangerous conditions.
The third claim is reasonable negligence. This occurs when the property owner is unaware of dangerous conditions but should be due to the fact that they own the property. It ties into the first claim that property owners should maintain the premises at all times.
Another factor to consider is how did your own recklessness contribute to the accident? If it can be proven that your own actions were negligent and this contributed to the fall, then your case can be compromised. It is important to evaluate your responsibility in the accident. We are all taught to be careful and to monitor our surroundings but sometimes things happen.
If the accident was truly the fault of another party’s carelessness and you were a mere victim then this claim will not be very important.
Things such as broken/weak tiles, shattered glass, chemical spills, loose marbles or other objects are all items that can cause a fall and may be highly undetectable to the naked eye.
Contact the offices of McMahan Law Firm if you or a loved one has recently experienced a slip and fall injury and you are unsure of the next step. You may not know your rights or the right defense in our case. You may also be unaware of the conditions surrounding the fall. Our legal team will work with you to find out all of the specifics of the case. A Knoxville personal injury lawyer will be on hand to answer any and all questions that you have. Contact us today!