Accidents on some other individual’s property occur, and injuries are frequently the outcome. Nevertheless, when somebody else’s negligence (or carelessness) is a factor, you may be concerned about your legal rights. Whether you seek an insurance payout or bring a personal injury suit, you must prove that somebody else (the premises owner, in most cases) is legally liable for your injuries to win your claim.
The following are frequently the major liability concerns in slip-and-fall cases:
- What parties may be held accountable?
- Were those individuals indeed negligent?
- Whether the accident victim’s actions contributed to the accident?
Liability Theories in Slip-and-Fall Cases
An injured individual must normally show one of the following to hold another party liable for injuries sustained in a slip-and-fall incident:
- A premise owner (or an agent or employee of the property owner) should have detected a potentially hazardous situation and eliminated or corrected it but did to do so. The crucial concern here is if a sensible person would have recognized the situation as dangerous and if the accused had an adequate chance to fix the issue prior to the incident.
- A premises owner (or their employee) created the hazardous environment that resulted in the slip-and-fall incident — by, say, placing a dangerous impediment on a pedestrian walkway, it was fairly anticipated that somebody might trip and fall as a result of the circumstance.
Demonstrating Your Actions Did Not Contribute To The Accident
Proving negligence might seem straightforward. But in reality, another crucial part of a slip-and-fall insurance claim or suit, from the standpoint of the accident victim, is detecting and arguing against the notion that the affected individual’s negligence caused or led to the incident.
This type of argument is based on a legal principle referred to as “comparative fault,” which states have formalized in “contributory negligence” and “comparative negligence” legislation. The legislation in effect in a particular state will impact a plaintiff’s capacity to receive reimbursement if judged to be partially responsible for the slip-and-fall incident.
If the complainant is judged to carry any measure of blame for the incident in a state, which follows contributory fault laws, it will preclude them from claiming any damages at all. In states that use comparative negligence — such as Georgia — settlements are decreased by a proportion equivalent to their share of responsibility.
Contact Ponton Law Firm
Suppose you or a beloved one sustains significant injuries in a slip-and-fall incident. In that case, you may be thinking about filing a suit to obtain reimbursement for your hospital costs and other expenditures. As a result, you are undoubtedly thinking about how much your claim is valued. Based on the details of your claim, there are numerous aspects to consider.
Ensure you take note of the basics of slip-and-fall incidents and premises liability to better grasp the legal problems in these kinds of claims and boost your possibility of success. And, if you are ready to speak with a legal expert about your case, call (404) 418- 8507. An expert Atlanta car accident attorney is prepared to guide you through the entire claim process and obtain for you the recovery you deserve.