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Thursday, October 6, 2011

Important Facts About Slip And Fall Accidents

By Adriana Noton

In many incidents, there is always the concern over the ability to prove liabilities whenever slip and fall accidents occur. This is mainly because there are always complex matters that have to be looked into by both the victim as well as whoever may be considered culpable before any conclusions can be drawn.

Without having all the right information at your finger tips, it might not be easy to determine who is liable in case an incident occurs and some one is injured. That is why it is always advisable to try and make sure you get the legal advice necessary to help someone evaluate the circumstances around the incident so that they can be able to take appropriate action.

There are some strict facts that must be true in order to qualify for compensation from the incident. These are variable and range from an employee of the company being responsible for a spill or leakage that lead to the floor being slippery and thus causing you to slide and entertain an injury.

Other situations that could favor a victim and lead to his being compensated is when it can be established that the premises owner of one of his employees was responsible to a worn out or torn area that caused a trip leading to the victim falling when at the place. In some cases, the falling may be caused by some items being found underneath the carpet.

Besides the place having a problem as stated in the above paragraph, it is also vital that your investigators should be able to establish that the owner or proprietor of the place had knowledge of the situation at hand that eventually led to the accident taking place within the area. If this is not established beyond doubt, it might not be easy to force liability on the owner.

A visit to the area or location where the incident took place by the investigating team is very important as it is only after careful evaluation of the area that they can be able to draw any conclusion over the liability or lack of it. At this point, it is also worth noting that sometimes the property owner may be liable and in some cases; he may not depending on a number of reasons.

This means that if the area responsible for the accident is fairly exposed and it is obvious that anyone who takes a walk down the sidewalk can easily notice the patch, it is automatic that the jury will not decide against the victim simply because the owner claims he or she has never noticed the problem. It is also common for the judges to try and verify whether or not the establishment takes regular checks to confirm the condition of the premises.

There may be cases where it might be too complicated for the victim in his or her quest for compensation after slip and fall accidents. These situations include cases where it can be proved that the incident is as a result of negligence on the part of the victim. Failure to observe basic rules while walking along the walk ways could be another reason among many others.

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