Accidents can happen anywhere and at any time. While some injuries are nothing more than a bruise, some can turn into a sprained pelvic or deep cut. When someone meets with an accident at someone else’s property and gets severely injured, they often wonder about the legal rights bestowed to them by the law.
If you are filing a personal injury case for slip and fall injury, your personal injury attorneys Virginia Beach must prove that the property owner is at fault. The points your lawyer should be able to cover are, parties who hold the liability of the accident, and whose negligence caused the accident.
Another essential aspect of the lawsuit for slip and fall injuries is how to defend the injured party and invalidate the argument that their carelessness caused the injuries.
What Should Your Personal Injury Attorney Virginia Beach VA Prove?
If you want to strengthen your case and ensure you get the insurance coverage, you must be able to prove anyone of the following,
- The Property Failed to Recognize the Potential Hazard
The property owner or employee of the property owner failed to recognize the potential danger like an open sewer hole, pothole, or poorly maintained pavement. You can also claim for the insurance if you prove that the property owner failed to take adequate steps to address the danger. Here, your personal injury lawyer will have to ensure that the others also identify the condition of the premises prone to accidents.
- The Property Own is at Fault
The property owner or their employee is directly responsible for causing slip and fall accidents.
Now that we have known the key concerns that need to be proved for slip and fall insurance claim let’s understand how negligence and liability are taken into consideration.
When it comes to settlements and negotiations of slip and fall cases, the term “reasonable” is often used. If you are to hold the property owner liable for compensation, you must prove that he/she failed to address the situation as a reasonable person would do.
When proving negligence on the part of the property owner, consider these things:
- Did the property owner have enough time to rectify or eliminate the hazard?
- Does the property owner have routine premises check policy in place? If yes, is there a record that shows the regular check-up was conducted soon before the accident.
- Is there any reasonable justification as to why the hazardous condition was created? If yes, did the reason fall fit at the time of the accident?
- Could the property owner or their employee have taken necessary measures to prevent the accident or make it less dangerous?
- Was there inadequate lighting or poor visibility that may have caused the slip and fall?
Premises liability cases are more complicated than they appear. Attempting to fight the case without any professional help can land you in more trouble and weaken your chances of winning. Thus, to prevent the case from backfiring, hire a licensed attorney who has relevant experience handling such premises liability cases.