Proving Fault in Slip and Fall Incidents
Although accidents are a part of life and happen all the time, someone is typically at fault for creating the dangerous situation; since these incidents often lead to personal injury in San Jose, the party at fault must take responsibility. While sometimes these situations may be quickly and easily resolved, other times they require the assistance of a personal injury lawyer. Read on to learn about the process of proving fault in slip and fall incidents.
Reasonableness Versus Responsibility
There are countless factors that can contribute to a slip and fall accident; slippery surfaces due to spilled liquids, inadequate lighting, and dangerously uneven pavement are just a few examples. If you fall down and hurt yourself on someone’s property, the first thing to consider is whether or not the accident could have been prevented. While you have a responsibility to avoid dangerous situations and remain aware of your environment, the property owner also has the responsibility of maintaining reasonably safe conditions. The main component of slip and fall incidents is proving that the accident could have and should have been prevented by the property owner.
There are a few different ways that you can assert that the property owner is liable for any damages or personal injury caused as a result of a slip and fall. If the property owner is aware of a dangerous condition, it is his or her responsibility to correct it; additionally, the property owner or employee has the responsibility of being aware of any dangerous condition that a reasonable person would recognize. Whether or not your particular situation involved a dangerous condition that the property owner should have known about and corrected is up to a judge or jury.
Working with an Attorney
If you are injured as a result of a property owner’s negligence, it is a good idea to call a personal injury lawyer. Your attorney can help you handle the case and get you the compensation that you deserve. Working with an attorney is especially helpful due to the statute of limitations, which requires you to file a lawsuit within a certain period of time.