Slip-and-fall cases are typically based on the premises liability doctrine. As implied by the name, these incidents occur when a dangerous surface leads to a person’s fall. The party responsible for the dangerous surface can be held liable for the victim’s losses. Like other personal injury matters, slip-and-fall claims occur because of a party’s negligence.
What Does a Victim Have to Prove to be Successful in a Slip-and-Fall Claim?
A slip-and-fall claim must satisfy the basic elements of a personal injury action. It must show that the responsible party had a legal duty to prevent dangerous conditions, that the duty was breached, that someone was hurt, and that the duty breach caused the person’s injuries. The breached duty might be statutory, such as a code requiring stairs to be of a certain height, or it may result from reasonable standards that require everyone to take steps to not cause injury to others.
Defenses Proving Problematic in Slip-and-Fall Cases
Slip-and-fall claims have numerous defenses. Most valid defenses rely on the defeat of certain parts of a personal injury claim, as shown below.
* There wasn’t a duty breach. For instance, a store can be deemed not responsible for an injury occurring in an off-site parking area.
* Reasonable steps were taken to prevent injuries. If “wet floor” signs were put up and a spill was cleaned up quickly, the store is considered to have taken precautions to prevent accidents, and their duty is fulfilled.
* The accident didn’t cause the injury. In some cases, a plaintiff’s medical history can prove that an injury was caused by another, unrelated event.
A Personal Injury Attorney in Glendale AZ can help victims prove a claim, but they can also help a defendant document that the necessary steps were taken. When they Visit the Site and hire an attorney, a property owner can protect themselves from further liability.
Does a Victim Need to Hire an Attorney for a Slip-and-Fall Case?
If a person suffers a slip-and-fall injury because of a property owner’s negligence, a personal injury attorney can offer assistance. A Personal Injury Attorney in Glendale AZ can help clients get through the legal process, and they can offer defenses and strategies to prove one’s case.
