- September 28, 2018
- Laura Morris
More than one million people go to the emergency room every year because of a slip and fall accident.
Slip and fall injuries can vary from fractures to sprains to more serious injuries, and sometimes death. That means medical bills, time away from work, and pain and suffering. All of which can be painful and expensive. An experienced Los Angeles slip and fall accident attorney can help you to receive compensation for.
Unfortunately, proving that a slip and fall accident was the direct result of someone else’s negligence is often difficult, making it crucial to choose a Los Angeles slip and fall attorney who is experienced with similar cases.
Keep reading to learn how to prove fault in slip and fall accidents.
What You Need to Prove with Slip and Fall Accidents
Sip and fall injuries can be quite serious. You may need additional surgeries, or it may take a while for the injuries to heal.
If it wasn’t your fault, you also have the extra weight of having to prove the slip and fall accident was due to someone else’s negligence.
To prove slip and fall negligence you must do three things:
- Prove a property owner, manager or employee knew about safety concerns
- Prove they did nothing (or not enough) to reasonably address safety concerns
- Prove that these safety concerns caused your injury
Without this evidence, it may be difficult to convince a jury that your accident deserves compensation.
How to Prove the Defendant Knew of the Possibility of Trip and Fall Accidents Happening
According to the Los Angeles slip and fall accident attorneys at The Barnes Firm, this is where trip and fall accidents get tricky. Slip and fall law states that you must prove the owner or employees knew that there was a problem that could lead to possible injuries and yet failed to take “reasonable” action to make their property safer.
Proving what is “reasonable” can be difficult for slip and fall injury cases. However, there are some ways to prove the owner and employees were negligent.
For situations where you tripped over a carpet, floor, or ground that was torn, broken, loose or wet, you must prove the problem was there long enough for the owner to have known about it. Yes, a spill might have happened, but a worn carpet takes years to get that way. To find proof, it’s important to study CCTV, times employees were on the clock, time table task protocols, and many other important details.
Defendant Must Prove They Took Measures to Make the Place Safe
According to The Barnes Firm slip and fall attorneys, the property owner must show proof they have a routine procedure in place for examining, cleaning, and repairing everything on their premises.
For items that were tripped over, the owner must prove there was a legitimate reason to place the item on the floor or ground. And even if there had been a good reason for placing the item on the ground or floor, the defendant must prove that there was no reasonable way to make the area on or around it safer or provide a warning to prevent injuries.
Lastly, the property owner must prove that poor or broken lighting did not contribute to the accident.
Proving You Didn’t Contribute
You must also prove you had a legitimate reason to be where the accident happened and that you weren’t behaving in a manner that could contribute to your accident.
Additionally, you must prove that no other reasonable person would have known they were endangering themselves by being in the area it happened.
Get Help With Your Case
Whether you were injured at work, in a grocery store, or somewhere else, slip and fall accidents are serious. If you’ve been injured in a slip and fall accident, it’s important to seek medical attention first.
Questions? Talk to a Los Angeles slip and fall lawyer. We can help make sure you receive the compensation you deserve. Contact The Barnes Firm today to get started.