One of the most difficult to prove liability in a claim is the slip and fall accidents. Every year thousands of people get injured in this manner and some have serious injuries from falling from slippery surfaces. Elderly individuals who fall can suffer tremendously and can even die. So, the question really lies on who should be held accountable when somebody slips and falls. You have to investigate the situation closely before filing a claim and we at The Injury Lawyers will help you from step one.
Occupier’s liability clearly states that if a visitor or even trespasser gets into an accident in a property due to negligence from the part of the occupier, they will be held liable for that. But before you can point your finger at the occupant of the property, it needs to be investigated if they are indeed negligent in not ensuring that their property is safe enough to avoid accidents. You may be tempted to file a lawsuit against them straightaway especially if the accident caused great deal of pain or a loss of life but this shouldn’t be done out of haste. It must first be known if their property was indeed hazardous. The question is “If they were more careful with their property, would the slip and fall incident have taken place?” If your answer is yes, then you cannot file a claim against them. But if your answer is no and you have enough evidence to prove it then you can file an Occupier’s liability claim against them.
If one simply slip and fall due to his/her own error of judgment then a claim cannot be filed but you can only seek help from your health care insurance as it is your own fault that led to the accident. A property owner is only responsible in maintaining their property to be safe. You need to prove that your injury is caused by the property’s dangerous condition in order to win the case. If the dangerous condition was untreated because they chose not to treat it, then they are to be held liable. If they caused the condition to be dangerous, then, the more they will be held accountable.
Our personal injury lawyers will help you with your problem. Give us a call and we can set-up an appointment for your free consultation. Let’s see what happened during that accident and we will discuss with you what steps we can take to assist you.