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How can you prove liability in a slip-and-fall?

On Behalf of | Jun 8, 2020 | Slips And Falls

If you slip in a spill and fall down in a store and get injured, is it the store owner’s fault? It likely is, but you will have the burden of proof if you intend to seek compensation for your medical bills and other damages.

So, what does that even mean — “the burden of proof?”

From a legal standpoint, property owners are often liable for others’ injuries when they slip and fell on their premises. They have the duty to take reasonable steps to keep their property free of hazards that might induce someone to trip or slip and fall.

But the person who gets injured also has a responsibility to use the same reasonable care to avoid just such an injury.

The crux of the liability issue can often be determining who was at fault in slip-and-fall accidents. The injured person must prove that one of the following occurred:

  • The store owner or their workers knew or should have known a hazardous condition existed if another “reasonable” person in the same circumstances would have been aware of the problem and handled it.
  • The store owner or manager knew a hazard existed but failed to address it.
  • The store owner or their employees caused the hazard to occur.

Property owners typically will try to settle these claims quickly and quietly to avoid any negative backlash against their business. But they also offer the bare minimum compensation that they think that you will accept. It’s common to low-ball claimants in these types of cases.

A Nitro personal injury attorney can often get a slip-and-fall claimant a much higher settlement offer after they are injured in a slip-and-fall accident.