Navigating Fault Of A Slip And Fall Case
A slip and fall case can be tough to pursue although slip and fall cases are the most recurrent personal injury claims that happen around the United States. When a claim is based on negligence, there are certain points that need to be made in order to have a successful case. The three points that need to be described in a negligence case are:
- Proving that damages were sustained like pain and suffering, financial loss, and more.
- Proving that those damages and injuries were a result of the accident
- Proving that the person or organization that is being sued was the direct cause of the injuries
With point number 3, insurance companies will viciously attack a case. Why? Because proving who was at fault in a slip and fall case can be very complicated.
Legal principles In Slip and Fall Cases
There are a number of legal principles that must be present in the party that is being sued. Those legal principles are the following:
- The party must have had actual knowledge(the party either saw the danger for themselves or was told about it by another person) or constructive knowledge(the party should have known about the danger had they taken the correct measures) that the hazard existed and could have injured a person. Correct measures imply that the person performed regular inspections of the site. Along with actual and constructive knowledge, the person in charge of maintaining the area could have also been the cause of the slip and fall such as excessive waxing of the floors.
- The party did absolutely nothing to eliminate the hazard or failed to warn people of the danger.
- The injured person must have come into contact with that specific danger that resulted in their injury.
The insurance lawyers will use all of their knowledge to counter the claims against their clients. Many times, a slip and fall accident can occur when there is no one around to see what occurred. The only person that can describe what happened was the injured person themselves. An insurance lawyer will use this fact to their advantage and place all their efforts in destroying the victim’s credibility. This tactic is used because a person who is visiting a property must be alert and act in a safe manner. The insurance lawyer will mention how the slip and fall could have been prevented had the injured person paid more attention and taken more preventative measures. If the injured person is found to be at fault too, then whatever percentage that the jury believes was the injured person’s fault, would be reduced from their compensation.
Slip and Fall Litigators Located In Miami
In cases where a property owner should have known about a certain hazard, in other words, should have had constructive notice, can be difficult to prove. An insurance lawyer just has to create enough doubt in a jury’s mind to put partial blame on the victim. Their main goal is to pay as little as possible to the plaintiff. The legal practitioners of Percy Martinez Law Firm know their tactics and have won in their games. The Miami slip and fall Attorneys at Percy Martinez Law firm are there to fight against insurance companies and support their clients. Call them at (305)529-0001 with no obligation.