Slipping and falling can be mortifying but the excruciating pain that follows just adds insult to injury – literally! You need to call a slip and fall attorney. Thousands of people across the states suffer horrific injuries due to slips and falls from slick or damaged stairs, flooring or any other service that becomes slick and thus dangerous to walk on. It can be difficult to determine who is at fault in these cases. It can be the negligent owner’s fault or even the victim’s fault if he/she failed to see the warning signs the former put up.
However, while there is no precise way to determine the guilty party, more often than not the ones implicated are the owners of the property the victim slipped and fell on. However, if you are the victim, the case can turn against you if you fail to prove that the owner was negligent. This is why you need a slip and fall attorney.
Determining liability in a slip and fall case
To claim damages, that a slip and fall attorney can ask, in case you were injured on someone else’s property, one of the following factors must be true:
- The property owner or employees working for the owner knew about the dangerous surface but failed to repair it.
- The spill, torn, slick or damaged spot which caused the accident was caused by the property owner or his/her employees
- The property owner or his/her employees should have been aware of the dangerous spot as anyone taking care of a property would have been and taken measures to remove or repair it.
In these cases, liability is often determined not by circumstances as such but by common sense. In such cases, the judge and jury are often the ones who determine whether the property owner was responsible or the victim and whether the former took measures to keep the property safe or not.
If you want to claim that the owner of the property was negligent then you have to prove that he/she failed to act as a reasonable person would to prevent accidents from occurring on the premises. Plaintiffs should consider the following to determine whether the defendant was reasonable in their conduct pertaining to the case:
- Whether the property owner conducted routine maintenance and checkups on the property. If yes then a record of those procedures can help you determine when the last one was.
- Whether the damaged area was left unrepaired long enough that a reasonable property owner should have had it repaired.
- Was the area in question in a dark place and did the poor lighting contribute to the accident.
Slip and fall attorney? Call Attorney Javier Marcos
Proving whether you were at fault as an owner of the property or as a victim of negligence can be a challenge but it’s not a problem for Attorney Javier Marcos. Just dial 24 hours 713-999-4444 / 1(800) 444-8118 and we can help you prove your innocence and claim damages for your slip and fall case. We offer 24/7 service and will be there for you when you need legal aid.