Most Important Elements Of A Slip And Fall Case That Must Be Proven To Win The Claim

Frustrating enough, slip and fall case claims often fail because of their often vague natures. However, this does not necessarily mean that you would always be trapped on a dead end upon filing a claim for this type of case.

The commotion could simply be solved by knowing how to spot and prove the existence of elements that would prop your case.

Look for Hints of Negligence

One of the common causes of tripping and slipping is negligence on the side of the property owner. As such, proving the negligence of the property owner would definitely give you a large chance to win a slip and fall case.

Check if the owner or the staff of the property was able to organize their products or their things properly.
Particularly, try to ask these questions:

1.
Did they provide shelves or organizers to cleanly arrange the things or the products that are displayed or contained within the property?

2. Were the sizes of these shelves or organizers enough to accommodate all of the items in the property? Particularly, do the stuffs have the tendency to fall on the floor or splatter anywhere else?


Watch for Some Forms of Misinformation:

Property owners who are fronted with slip and fall cases often defend themselves by saying that the accident was caused by the complainant’s or another person’s negligence.

You could easily counter this by saying that the accident protruded because the owner of the property did not inform you regarding certain parameters properly.

To rectify the veracity of your claim, you may try to do the following:

1. Check if there were enough precautionary signs in the vicinity.

2. Identify if these signs meet the standards. Check for the size (varies as per local law codes), the color (should be bright), and the text (should be contrasting with the background color).

3. Know if these signs could be read by everybody who would step on the property. Identify if they are located on high-trafficked spaces such as doors and main pathways.

Observe Some Clues of Disregard:

You could also use the prevailing law systems in order to win your claim for a slip and fall case. Check if the owner or the staff of the property has disregarded essential laws such as the building codes.

Particularly, you may want to try to identify some of the following:

1. Improper lighting: Check if the property is illuminated properly. To give you a heads up, lighting fixtures on department stores should have a close-to 5000-K color temperature. Hotels may have ambient lighting of less than that. However, all common establishments should still conform to the recommended 70 visual comfort probability (VCP).

2. Insufficient Clearances: Always try to check whether the clearances in the vicinity were enough or not. Shelve-to-shelve clearances should be around 900 to 1500 millimeters. Corridors and halls should have a width of around 1000 to 2500 millimeters. All common passages should be at least 750 millimeters.

3. Devoid of Safety Fixtures: It would also be important to check whether the property has the necessary safety fixtures. Observe whether the stairs have stair threads and handrails. Identify if often damped areas are propped with hand bars within the perimeter.

Ponder on the Damages Incurred:

Convince the court that you have really been injured or harmed in the accident. Meet with a doctor and ask him or her to identify the damages that you have incurred through the accident.

It is more than important to take note of those that are particularly upsetting such as fractures, bruises and noticeable lacerations.

Never Forger to Document Everything:

Document all of your evidences properly. Collect photos, study papers, investigative reports and medical records. Try to present as much pieces of information as possible.

However, always keep in mind that you should not tamper any piece of data. You could be charged with perjury and/or falsification of official or public documents if you would do that.

If you have the means, try to get statements from at least two “disinterested” people. As per the legal systems, the term “disinterested persons” refer to individuals who have no personal objectives with regards to your case.

Make their statements official by encoding them in an affidavit. Have the affidavit notarized and submit it to the court through your legal counselor or your attorney.

Author Bio:

Cally Greene is an online consultant for personal injury lawyer at JoeyGilbertLaw. She likes blogging about Legal issues, Business law, Family Law and Social Media.

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