Millions of people end up with life-altering injuries every year as a result of slip and fall accidents at the workplace. These accidents are quite common; however, to get compensation, you have to prove liability. Liability is crucial in a slip and fall lawsuit, whether you are pursuing an insurance settlement, or you want to file a personal injury lawsuit. According to a slip and fall injury attorney Las Vegas NV, there are two main questions that you have to find answers to if you want to win a slip and fall injury suit:
• Which parties are potentially liable for your injuries?
• Did the parties act in a negligent manner, which may have caused the accident or failed to prevent it?
Getting your Theory Right
Like the questions, there are two major theories which you can pursue if you want to win a slip and fall lawsuit. The owner of the property was aware that the conditions of the working environment were dangerous but did not do anything to replace it. Maybe the floor was uneven or full of portholes, but no one fixed them, which led to the accident. The management or owners of the property directly caused the accident which led to your injury by leaving a hazardous object in your path. This theory can only be proven to be true if it was foreseeable that the object could have caused an accident.
The questions whose answers will help you prove liability. Like all other types of liability lawsuits, the burden of proof lies on the complainant who in this case, is the injured party. However, unlike criminal cases, the word reasonable will come up a lot in slip and fall cases. To prove your case, you have to show that the defendant did not act reasonably. Here are questions that will help you prove your case:
• How long did the hazardous condition exist, and could the owner have been able to fix or remove the hazard?
• Was there an established routine to check for potential hazard? How long before the accident was the procedure carried out?
• If the employer created the hazard, is there a justifiable reason why they created it?
• Did poor visibility contribute to causing the slip and fall?
• If the right preventative measures could have been taken, could the slip-and-fall accident have been prevented?
Degree of Liability
There are other factors which will come into play when establishing liability in personal injury suits. For instance, you will be cross examined, and your behavior at the time of the accident will be interrogated. If for instance, you were texting and walking when you ran into the hazard, and a reasonable person might have seen and avoided the hazard, your case will be affected. Similarly, if the area where the accident happened was prohibited and you accessed it unlawfully, the defendant will have a strong case. The best way to successfully deal with slip and fall accidents is through the guidance of a competent lawyer. With legal help from experts, it will be easy to find evidence, prove negligence and get compensation.