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Slip and Fall Injury Cases

by JasonAdams on November 27, 2012

Millions are injured due to slip and fall accidents. There are several reasons of this accident, including dangerous floors, rough or slippery patches on the ground, and engineering mistakes associated with stairs. With millions of personal injury cases happening, the question of the law is who should take the blame and responsibility. It can be that the property owner is responsible but it depends on the judgment of the court.

When these things happen, it is very important to find a good personal injury lawyer to argue the case. Of course, the lawyer needs to show who must have liability over the injury. In context, the battle of personal injury is on the claim of damages.

Personal injury cases involving slip and fall are very tricky. Why? The court does not have any rule on how to decide the matter, but the court uses common sense to determine if a reasonable person should have known the problem and have it repaired, or not.

The biggest core of the slip and fall accident cases is the ‘reasonableness’ of a property owner. In this principle, the law provides proper consideration on the exhausted effort of a property owner to resolve uneven surfaces, torn floors, or slippery patches. For the sake of illustration, what if you fall on an uncovered drainage, which has been left unmaintained for a long time? Does the property owner have enough reasonableness not to be held liable? Well, is it really reasonable for a property owner not to notice the uncovered drainage or has the property owner exhausted all efforts to have the drainage covered? It is necessary to understand the value of effort and determination in understanding the common sense of ‘reasonableness’.

With the aid of the personal injury lawyer, it is very important to test the amount of your own carelessness which can contribute to a slip and fall accident. The valuation of comparative negligence is testing what you did or where were you going when the accident happens. For one, it is necessary to prove that you did what a careful person should have done to avoid the accident, but still the situation happened. In the personal injury claim, the insurance company may also raise several questions to provide common sense and background of the claim.

JasonAdams

JasonAdams

JasonAdams

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