To win a case against a property owner in a case of slip and fall injury, you must necessarily
prove that the injury was caused by a deficiency in the maintenance of the property by the
owner. Their insurance company and its lawyers are going to try hard to prove you wrong. In
such cases, you must certainly hire a slip and fall injury attorney to argue your case.
Proof Of Poor Or Insufficient Maintenance
Before you can think of getting compensation for a slip and fall injury you must first prove
that the fall was due to improper maintenance of the property. There are a few things that you
need to establish in such a case. You need to find out who exactly is the liable party for
payment of the compensation. You must ascertain whether there really was negligence on
part of the liable party in causing the fall or failing to prevent the fall. You must also establish
clearly that there was no fault at your end that could have caused the fall.
There are only two things that could cause the accident to happen. Either the property owner
had found a problem and failed to rectify it even if he had the time to do it. If an open
manhole was left open for a considerable amount of time, then it is considered as the fault of
the property owner. Another thing to prove is that the defendant himself had created a
dangerous situation that was the cause of the fall.
Liability Should Be Proved
It should be proved that the defendant had not acted like a reasonably prudent person to
prevent the occurrence of the accident. There are some things you should consider before
filing a case against the property owner.
Was the hazardous condition existing for a time enough to act to eliminate the condition? It
should be ascertained whether the property owner or one who maintained had a system of
regular and periodical maintenance and checking for hazards. Was the system being followed
and whether there was any record maintained in this regard?
Was there any real reason for creating the hazardous situation and did it still exist at the time
of the accident? Could the danger have been reduced in any way or an adequate warning sign
placed to prevent an accident?
The plaintiff also should prove whether there was poor lighting, or anything obstructed the
visibility of a danger