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How to Place Fault in a Slip and Fall Lawsuit Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. Here’s how a personal injury lawyer may attempt to show that a property owner is liable for injuries suffered in a slip and fall accident: 3 Prerequisites for Demonstrating Fault If you’re a victim of slip and fall injury on someone else’s building owing to a dangerous condition, you’re more likely to win your lawsuit if you demonstrate one of the following conditions to be true:
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1. Either the person owning the building or their employee should have acknowledged the hazardous condition that exposed the victim to slip and fall injury as a reasonable person in their capacity would have appreciated the situation and fixed it, averting the accident.
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2. Either the person owning the property or their staff did acknowledge the dangerous situation but did not resolve it. 3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. The Issue of Reasonableness While you’re on track to prove to court that a landlord is legally liable for the slip and fall injuries you suffered, you’ll at some point be required to show the reasonableness of the property owner’s actions or inaction. In a case where the accident is caused by a leaking roof over a stairwell, for example, how long the defect has been left unattended to can demonstrate how reasonable the landlord is. In case the leak has existed unfixed for the past 120 days, it’s less logical for the building owner to fail to fix it than it would have been had it started just the night prior to the accident and the accused could not have fixed it immediately while it was still raining. To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. For instance, a building owner may not be logically responsible for a tenant tripping over a rake on a lawn as that’s somewhere you’d mostly expect the object to be. Slip and fall injury claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.