Proving Liability In A Slip And Fall Accident Case

While the incidence of slip and fall accidents increase during the frigid winter months in Kingston, Ottawa, and Sudbury, they are certainly not a seasonally-based occurrence by any means. The reality is that you could sustain injuries by slipping or tripping and falling just about any time of the year. In many cases, the owner of the property where you slipped and fell could be at fault for your injuries if they failed to maintain it and did not make any necessary repairs when required.

When property owners fail to ensure that their property is safe, it puts customers, residents, or any other type of visitors at risk of getting injured. Furthermore, while you may be convinced that your accident was caused by negligence on behalf of the owner, it won’t be enough to win your personal injury case. In any slip and fall accident claim, you must provide irrefutable evidence and proof of the property owner’s negligence if you are going to win your case. This means proving the following:

• Property owner knew about or should have been or should have been aware that a hazard did exist
• Property owner failed to make adjustments, maintain, or make the appropriate repairs to prevent a person from getting injured
• You were acting in normal fashion and reasonable when you sustained your injuries

However, there is one aspect of slip and fall accident claims that is often overlooked. If you were acting carelessly, negligently, or recklessly while on the property, your claim could be compromised. This applies even if the property owner knew about the hazard and failed to make the necessary adjustments or repairs to correct it. For instance, the court could rule against compensating you and say that you caused or contributed to your injuries if you weren’t using common sense at the time of the accident

Conversely, the owner could be held at fault if reasonable changes or repairs weren’t made to their property. An example of this would be a retail shop with a pothole or uneven section of sidewalk at the entrance. If this hazard could lead to injuries (and it obviously could), the owner of the property is obligated to fix it. When failing to do so make them liable for your accident. If you have injured yourself by slipping or tripping and falling, you will get hurt. If this happens, you should consult with a lawyer once you’ve received medical treatment.

No matter what type of personal injury claim you may have, you have a much greater chance of getting the compensation you deserve for your injuries and any losses that are attributed to them. Furthermore, legal representation will also ensure that your rights to that compensation are protected throughout the legal process. That is why it is important to talk with your lawyer about your particular case so that they can help you get the best assistance.