Proving a Trip and Fall CaseFrom time to time, we all trip and fall down. And if you are injured from a fall that takes place on someone else’s property, you may well have
a trip and fall case. Yes, the property or business owner may be at fault, but how do you go about proving it? To begin with, your attorneys need the right information.
In the end, it will all come down to whether there was a
dangerous condition
on the property that a
reasonable property or business owner
could have addressed prior to your accident. Let’s examine these two terms more closely.
Defining a “Dangerous Condition”To be considered a dangerous condition, the situation in question must be an anomalous condition creating a risk of injury to those on the property, and must be one that a reasonable person would not expect to encounter. To put it another way, a
dangerous condition
is not an obvious, avoidable danger.
Examples of dangerous conditions
that could lead to a trip and fall
include:
- Spills on the floor of a supermarket that should have been cleaned up
- Faulty stairs in a movie theater that should have been maintained and repaired
- Damaged or uneven sidewalks caused by improper design or maintenance
- Uneven surfaces
- Inadequate lighting in public areas leading to tripping hazards
- Hotel showers with improper drainage or that do not have anti-slip tape
Defining “Reasonable Property Owners”As mentioned above, not only do successful
trip and fall
cases depend upon
dangerous conditions, they also require proof that the property or business owner did not act as a
reasonable property or business owner
should. When it comes to the possibility of dangerous conditions, a reasonable property or business owner always has a plan in place, a plan to competently protect one from getting hurt. A negligent property or business owner, however, fails to do this, creating a conditron for possible injuries, and leaving themselves vulnerable to possibly paying for another’s medical bills, lost wages, and pain and suffering.
Taking all this into consideration, the lawyers at John Bales Attorneys will do their due diligence in seeking answers to the following questions as they investigate your trip and fall claim:
- Did the dangerous area exist long enough for the property owner to be aware of it?
- Is there a standard procedure in place for examining the premises, and does the owner have proof of this procedure?
- Was there a legitimate reason for the area to be dangerous, such as an uneven or slippery floor?
- If there is a reason for the area to be dangerous, was there any way to make it safer?
- If an object was responsible for the trip and fall, was there anywhere else the object could have been placed to make the location in question safer?
- Could a warning sign or barrier have been created to prevent injury?
Was the Law Violated by the Property or Business OwnersIf your injury stems from a property or business owner’s neglect, such as the owner or business failing to follow local building codes, an experienced attorney could use that to prove negligence. For example, local building codes could dictate where railings and other safety features must be installed. If you fell and were injured due to a lack of appropriate railings, you could have a claim.
A Case of Your Own CarelessnessFrom the very beginning of the
trip and fall
case process, you must determine whether your carelessness contributed to the accident. This is where the rules of
comparative negligence
come in. The rules of
comparative negligence
help quantify your own reasonableness in going where you did, the way you did, just before the accident took place.
Below you will find some questions to ask yourself regarding your own behavior. It would be wise to be prepared for an insurance adjuster to ask you these questions after you file your claim. They almost certainly will.
- Did you have an appropriate reason for being where you were when the accident occurred? And is this reason something the owner should have anticipated?
- Would a normally careful person have noticed the hazardous area and avoided it, or walked carefully enough as to not trip?
- Were there any warnings or indications that the area might be unsafe?
Were you engaged in any type of behavior or activity that could have distracted you from paying appropriate attention to where you were going? Were you running, jumping, or engaged in any kind of tomfoolery that would have made the accident more likely?
Don’t worry. You don’t have to prove to the insurance adjuster that you were being careful, but do think about what you were doing and the time of the accident, and describe it clearly so that he or she will understand that you were not acting in a careless manner.
If you or someone you care about was injured in a
trip and fall
accident, we can help. Please contact John Bales Attorneys today for a free consultation.
If your accident was the result of someone else’s negligence, the knowledgeable trip and fall accident attorneys of John Bales Attorneys will do everything we can to hold that person responsible for your injury. Contact us today for a free consultation.