Accidents happen. No matter what we do or how hard we try, they are unavoidable. Slip and fall accidents are some of the most common accidents that can happen. We can slip on a wet floor and fall, or slip on an icy sidewalk and fall. But did you know some of these slip and fall accidents can lead to a case against the responsible party? With a good Miami slip and fall lawyer, as well as the right proof, you can file a claim against the responsible party. So here is a list of the information you will need to file a claim.
Naming the Responsible Party
Before you file a claim, you first need to identify the responsible party and how they are responsible. Here’s how you recognize the responsible party:
- For example, if you are someone’s house and they have a loose brick on their walkway and you trip and fall because of it, resulting in a sprained ankle or other injuries, you can file a claim against them. The reason for this is that the loose brick is a potential danger and they failed to remove or fix it, which resulted in your fall and injury.
- The other example is if you’re at someone’s home who is in the process of remodeling it and they leave some wooden floor planks in a high traffic area of the home and you trip over them and are injured. The reason for this is that they left a hazardous obstacle on a path where people will obviously be walking. Therefore, the potential fall risk should have been foreseeable and therefore avoidable by the property owner.
Proving Liability & Negligence
So you slipped and fell on someone’s property and were injured. You might think – Well that’s all the proof I need to file a claim against them. It isn’t that simple. You have to prove that the property owner failed to act correctly with the potential hazard. Here are some questions to consider when trying to prove that:
- Was this hazard around long enough that it could have been eliminated by the other party a long time ago?
- Does the property owner routinely check their property for any potential hazards? If so, is there some sort of record documenting this one?
- Was the potential hazard there for a justifiable reason? If so, was the justification still there at the time of the accident?
- Did poor lighting or limited visibility contribute to the slip and fall?
A good slip and fall lawyer will be able to provide you with a complete list of all the information you will need for your claim and to endure your claim is strong. By building up a strong case against the responsible party and having the right lawyer backing you, you will have a better chance at winning your case.