Proving Fault In Slip And Fall Accidents With Personal Injury Lawyer In Oshawa
Each year thousands of people injured themselves by slipping and falling - and in some cases, very seriously - because of wet floor, rough ground, or broken stairs. There are times when the property owner is liable for those injuries and then when they are not responsible. If you have been injured this way, the first thing that you might want to do is to hire a personal injury lawyer in Oshawa to help you not just establish liability, but also help you to win the lawsuit.
Property owners have the obligation to be cautious in keeping their property completely maintained so that no such accidents occur. Since there is no particular way to establish, if the property owner is legally liable for your slip and fall accident, more often than never the case rests on the fact if the owner of property was careful enough to maintain their property or were you just careless enough to not see it coming and avoiding it. There are specific rules that may help you and your personal injury lawyer in Oshawa take a decision on liability.
Determining Liability
For you to prove that someone is legally liable for your slip and fall accident and the injuries that stemmed from it, your personal injury lawyer in Oshawa must prove the following things:
● If there was a spill, worn out or torn spot, or any other slippery or dangerous stuff on the floor that could cause injury, whoever owned the premises or one of his employees must have caused it.
● Whosoever owned the premises or his employees must have been aware of the dangerous spot but did nothing to fix it.
● The owner of the property where you fell or his employees should have taken reasonable steps to fix, repair and/or maintain the property to prevent any such accidents.
Your Own Carelessness
Very often, in almost all types of slip and fall cases, one must decide whether another thing that you have to consider is whether your own carelessness contributed to the accident and your injuries. The common rule of “comparative negligence” help in determining your own carelessness in going where you went and doing what you did the way you did it, right before the accident took place. Therefore, there are a few questions that you must ask yourself before filing a claim because the defendant’s insurance adjuster or personal injury lawyer in Oshawa will certainly ask them once you have filed your claim.
● Did you happen to have a valid reason, a reason that the owner of premises should have foreseen, for being where the accident occurred.
● Would a careful person have noticed the dangerous spot and taken reasonable steps to avoid it in order to prevent the accident from occurring?
● Did the owner of the premises put up any warning signs that the spot might be dangerous and prone to accidents?
● Were you more involved in doing an activity that prevented you from paying attention to where you were headed, or were you doing anything that made slipping and falling more likely to happen, like running or jumping?
You are not required to "prove" to the defendant party’s insurance adjuster whether you were careful enough or not. However, you must ponder over your actions and what were you doing at the time of the accident and describe the situation clearly to both personal injury lawyer in Oshawa to build a strong claim. Visit Here: LPC Personal Injury Lawyer
Property owners have the obligation to be cautious in keeping their property completely maintained so that no such accidents occur. Since there is no particular way to establish, if the property owner is legally liable for your slip and fall accident, more often than never the case rests on the fact if the owner of property was careful enough to maintain their property or were you just careless enough to not see it coming and avoiding it. There are specific rules that may help you and your personal injury lawyer in Oshawa take a decision on liability.
Determining Liability
For you to prove that someone is legally liable for your slip and fall accident and the injuries that stemmed from it, your personal injury lawyer in Oshawa must prove the following things:
● If there was a spill, worn out or torn spot, or any other slippery or dangerous stuff on the floor that could cause injury, whoever owned the premises or one of his employees must have caused it.
● Whosoever owned the premises or his employees must have been aware of the dangerous spot but did nothing to fix it.
● The owner of the property where you fell or his employees should have taken reasonable steps to fix, repair and/or maintain the property to prevent any such accidents.
Your Own Carelessness
Very often, in almost all types of slip and fall cases, one must decide whether another thing that you have to consider is whether your own carelessness contributed to the accident and your injuries. The common rule of “comparative negligence” help in determining your own carelessness in going where you went and doing what you did the way you did it, right before the accident took place. Therefore, there are a few questions that you must ask yourself before filing a claim because the defendant’s insurance adjuster or personal injury lawyer in Oshawa will certainly ask them once you have filed your claim.
● Did you happen to have a valid reason, a reason that the owner of premises should have foreseen, for being where the accident occurred.
● Would a careful person have noticed the dangerous spot and taken reasonable steps to avoid it in order to prevent the accident from occurring?
● Did the owner of the premises put up any warning signs that the spot might be dangerous and prone to accidents?
● Were you more involved in doing an activity that prevented you from paying attention to where you were headed, or were you doing anything that made slipping and falling more likely to happen, like running or jumping?
You are not required to "prove" to the defendant party’s insurance adjuster whether you were careful enough or not. However, you must ponder over your actions and what were you doing at the time of the accident and describe the situation clearly to both personal injury lawyer in Oshawa to build a strong claim. Visit Here: LPC Personal Injury Lawyer