Proving negligence is vital to winning a slip and fall claim, as many insurance companies routinely deny liability. There are many types of slip and fall cases, including slipping in a wet area. However, there are other incidents where victims slip and fall on steps, grate covers, and other objects. Consult a Slip And Fall Accident Attorney in South Bay CA.
Slip and fall cases fall into the legal area of premises liability. The victim must prove that the owner failed to keep the property safe. The Slip And Fall Accident Attorney in South Bay CA must prove one of three scenarios. First, the lawyer may show the owner caused the dangerous condition. Likewise, it may be proven the owner knew about a hazard but did nothing about it. Finally, the lawyer can make a case by saying the owner did not know about the hazard but a “reasonable” person would have.
A court looks at several areas to determine if an owner is “reasonable.” First, does the property owner make regular inspections of the property to make sure it is safe? Most retail establishments try to avoid liability by instituting regular sweeps. Workers make hourly checks looking for spills and other hazards. Further, the checks are documented in case of an accident.
Other Examples Of Negligence
A property owner is also liable if the hazard existed for a long period. For example, if the stairs have been broken for a month, the owner should have known. In addition, people often stumble over objects like signs. The lawyer can demonstrate that there was a safer place to keep the sign. Many slip and fall cases are won because a lawyer proves there was insufficient lighting in an area. Therefore, the victim fell because they did not see the hazard.
Your Own Safety
Of course, everyone is expected to look out for themselves. Comparative negligence comes into play in many cases. The tables are turned when the defense asks whether the victim acted reasonably. Victims are often asked whether they were distracted. Further, the defense may question whether the victim had a good reason to be on the premises. For more information, Browse the website of Shook & Associates Inc.
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