Proving Slip And Fall Accidents
Slip and fall accidents are a common occurrence. Injuries can sometimes occur as the result of an accident. You may be wondering if a slip and fall accident attorney can help you if you have been hurt in an accident. Regardless of whether you are trying to get a settlement from the insurance company or pursue a lawsuit, you will have to convince them that the other party caused your injury.
You will need the help of a lawyer for slip and fall accident. There are two important questions that have to be answered. Who are the responsible parties? Did the parties behave in an irresponsible manner? A person also has to be able to provide defense against a claim saying that they caused their own accident and injuries.
Who Will be Held Liable for the Accident?
A slip and fall lawyer in Los Angeles can help you prove liability. In order to get compensated, the following things must be proven.
The property owner should have known that the danger was present. For example, an uneven surface caused a person to fall. A Los Angeles personal injury lawyer can argue that the property owner should have had the surface repaired. This also raises the question of whether a person had an opportunity to fix the problem.
The property owner was the one who caused the dangerous condition. For example, the person had an obstacle in the walkway. A slip and fall accident attorney in Los Angeles can argue that this negligence led to the accident.
How to Prove Negligence and Liability
Reasonable is a term that often comes up during the settlement negotiations. It may also come up during other parts of the slip and fall case. In order for a property owner to be considered negligent, they must have not acted in a prudent manner. There are several factors that a Los Angeles personal injury lawyer has to assess.
- Was the hazard or obstacle there long enough for a person to take action?
- Did the owner frequently inspect the property for
- Did limited visibility and poor lighting play a role in the accident?
- Were there preventative measures that could have been taken to make the area less hazardous?
- Was there a justifiable reason that the hazard was there?
How to Prove That You Did Not Cause the Accident
The insurance company may try to argue that you were either totally or partially to blame for your accident. There are contributory and comparative negligence laws that are in place. These rules may affect your ability to get compensation. This is another reason that you need the help of a slip and fall lawyer in Los Angeles.
Here is an example of how contributory negligence can reduce your compensation. You are awarded $10,000 in damages. However, the court or insurance company determines that you are 20 percent responsible for your injuries. You will only get $8,000.
The following questions have to be answered to prove that the plaintiff was not responsible for their injuries.
- Was the plaintiff engaging in any dangerous activities? For example, if they were talking on the phone or texting while walking, then this could have contributed to their injuries.
- Were there warning signs posted and other safety measures taken?
- Did the plaintiff have permission to be in the area? Did the plaintiff have a reason to be in the hazardous area? If the defense can prove one of the following things, then the chances of collecting compensation will be a lot smaller.
What Else Do You Need to Know?
It is best for you to call a lawyer for slip and fall accident. No one is qualified to give you advice on how to handle your case except for an attorney. They will make sure that you understand all of the legal issues surrounding your personal injury case. They will also work with you so that you will have a much better chance of winning. Furthermore, your attorney will fight hard to make sure that you get the maximum compensation.