People who trip and fall due to negligence of building owners or employees are in danger of injuries as minor as scratches and bumps, or as major as serious head injuries. We all know that taking a bad fall is dangerous; you do not even have to fall from a high place for it to injure you seriously. All it takes is one bad fall, and it may change your life forever.
You do not have to be seriously injured before you claim damages for these incidents, though. If someone had been negligent of their duties, causing you to trip and fall, lawyers will help you with filing a case against the negligent parties.
People that tripped and fell in an establishment should remember a few things, though, before they file a complaint against the owner and administrator of the establishment. First, not all incidents of slip and fall are faults of the owner of the building and his/her employees. There are things that you need to consider to know if your case will qualify as a valid slip and fall claim. Consider also that people slip and fall all the time, that it is normal for surfaces not to be always even or smooth, and that some things that people usually trip on do have a perfectly good reason to be on the ground.
That being said, property owners do have a responsibility to do everything that they can to avoid trip and fall accidents within their property. The liability of a property owner hinges mainly on whether he/she took all reasonable precautions to make sure that accidents such as trip and fall would not be likely to happen.
Trip and fall lawyers will need to verify a few things in the process of proving liability.
?Whether the owner of the building or facility or his/her employees were the ones who caused the worn spot, bunched up carpet, dangerous surface, or spill that in turn caused you to trip and/or fall.
?Whether the owner of the building or facility or his/her employees knew about the dangerous surface and did not do anything about it
?Whether the owner of the building or facility of his/her employees could have known about the dangerous surface because any reasonable person would have noticed it
?Whether the owner of the property did everything considered ?reasonable? to make his/her property safe. What would determine the ?reasonableness? of the owner's steps
oShould the owner have known about the dangerous surface that you tripped and fell on because it has been there long enough to be noticed by any reasonable person?
oDoes the owner have a regular process of inspection and maintenance in place? Does he/she have proof of it?
oIs there any legitimate reason for an object to obstruct the way when you tripped on it? Could it have been placed somewhere else? Were there warning signs or barriers to warn people of the presence of the obstruction?
Proving fault in these situations is not always easy or straightforward. It is best if you get the help of Los Angeles trip and fall lawyers to help you with your claim.
Trip And Fall Attorney
This particular law context explains that a property owner or manager may be held responsible for whatever injuries or damages that a person may sustain while on his/her premises. However, an injured victim must first prove several elements of his case and make sure that the premise owner was somehow “at fault” with the trip and fall accident.
Establishing Fault in a Trip and Fall Case
There is no specific method of determining whether a party may be held accountable in your trip and fall injury. Yet, the following factors are being considered in such cases:
•Has the property owner been neglectful of his/her obligations of ensuing safety on his premises?
Has he created the dangerous condition?
Has he already knew about the existence of such condition but failed to implement immediate action?
Has the dangerous condition been present for considerable period that he should have discovered about it and took measures to correct it?
•Is there any other party responsible for the trip and fall accident?
•Have you done any acts that may add to the effects of the accident?
•Is there any warning sign situated at the area where the accident occurred?
In general, a trip and fall victim must furnish evidences to prove that the trip and fall accident happened due to a “dangerous condition” and the property owner was aware of such circumstance. Dangerous conditions are those factors that put a person under unreasonable risk while staying on somebody's property.
To set up a good case, a trip and fall victim must show that such dangerous conditions have been the “proximate cause of his/her injuries. This may be done through preponderance of evidences, which may include:
•pictures of the injury or damage, item that caused the injury, floor surface and the surroundings of the area where the accident took place
•statements of people who witnessed the accident
•reports and findings regarding the extent of the injury sustained coming from the doctor who provided treatment to the victim's injury
•statement of experts who may have examined the case
Recovery of Damages
Primarily, injured victims advised to consult their trip and fall lawyers before pursuing their claims. Since this type of lawsuits involves various legal issues that may be complicated to understand, the claimants must hire their advocates to make sure that they get the legal protection they deserve.
Trip and fall lawyers have enough about the existing premise liability laws and other related law provisions. They are also equipped with the right skills in following the procedures in achieving good results in a personal injury case such as this. Hence, a trip and fall lawyer can ease the further burden of the victims who may need some time for their medical treatment.
Both Alva Pao-pei Alfonso & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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