Facilities that welcome guests onto the property have a high standard to uphold. When those facility managers and property owners do not rise to the occasion, they may be liable for injuries due to the improper conditions of the facility.
For those parties looking for restitution, it is important to build a solid claim. Proving negligence for the accident is key in such endeavors.
As with any personal injury case, there are a few steps to proving negligence. Particularly in cases of slip-and-fall accidents, the first step is determining liability. In order for a facility owner to be liable for an incident, claimants must be able to show at least one of the following points:
- The facility owner or staff created the unsafe environment.
- The facility management or staff did not try to address or isolate the dangerous area.
- In a properly maintained facility, a property owner or management team would know about the hazardous conditions.
Being able to show one of these points establishes liability, and with that a certain level of care. The claimant must then show that due to the facility management not upholding the duty of care, the accident occurred and caused harm, which was negligent.
Evidence is key in establishing liability and negligence. Accident reports, medical records and bills, eyewitness testimony and surveillance videos are all examples of helpful evidence.
Negligence of claimant
In cases where a business believes that the claimant contributed to the accident, it may try to claim comparative negligence. If the defending party can successfully show this argument, it can decrease the award amount, or possibly get the case dismissed. Therefore, creating a solid case showing the facility is fully at fault for the accident is essential.
This brief overview may help the victim of a slip-and-fall accident to understand some important elements of proving negligence; reviewing the process and law can help determine the best course of action.