How to prove a personal injury accident is not just an accident

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from time to time, accidents will happen. Many accidents which lead to an injury are simply accidental meaning they happened through chance rather than anything more serious which can invoke litigation.

In the unfortunate situation that an accidental injury is the result of negligence or the fault of a third party, proving this can be a deceptively hard task in a court of law.

Establishing the cause

When a slip or a fall occurs on someone’s land or within their venue, a resulting injury can potentially warrant a premises liability lawsuit against the owner of the property. However, to do this it must be clearly shown that the owner was the person at fault for the accident taking place.

Therefore, the first major step to winning a slip and fall personal injury case is proving the circumstances around which the event took place. It’s critically important to gather as much supporting evidence as possible to build and strengthen any legal action you wish to take. This can take the form of:

• Photos

• Video or mobile phone footage

• Witness statements

• Medical reports

This evidence should clearly highlight any reasons which lead you to believe the property owner is responsible for the ensuing accident.

Proving liability

Proving that the defendant is liable for the accident through failing in their duty of care can be a complicated matter. Furthermore, most States across the country abide by the principle of comparative negligence. This means that at least part of the fault of the accident could be apportioned to the injured party due to carelessness or clumsy behavior.

This is best shown in one of two ways. Either the property owner or employee at the scene directly caused the conditions for the accident or that they should have been aware of the situation and taken any necessary and adequate preventative measures.

To prove the property owner was or should have been aware of the situation is often regarded as the crux of a premises liability case. Achieving this requires not just knowing but proving how long the unsafe environmental conditions were present and if there’s any reasonable justification for these conditions existing. Proving this can be problematic, however, showing physical signs which indicate historic and lengthy faults as well as highlighting maintenance procedures and records can be a powerful tool in your fight.

Undergo a slip and fall review

If you believe an injury you’ve suffered fits the criteria for a successful premises liability claim, contacting one of the many specialist slip and fall accident lawyers should be your next move. Time can play a crucial factor in this as many personal injury lawsuits must be instigated within a time limit defined by the governing State.

Most personal injury law firms offer a free consultation to help assess the validity of any claims you have. By presenting all of the facts and evidence you’ve collected during such a meeting, a trained attorney will determine the merits of your case and offer an honest opinion based on their experience within this field of law.

August 29, 2017 · Tim Kevan · Comments Closed
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