Search

Social security denial - a journal of assistance

What You Must Prove In Your Slip And Fall Accident Case

24 August 2015

Alexis Garcia

Accidents happen, that much you know in life. However, what if there is a case where you were not the cause of the accident? This happens numerous times, especially in cases where you slip and fall. Do you have any legal recourse for such cases? Luckily, you do. A form of personal injury suit is dedicated to these types of cases, which are dubbed "slip and fall" cases. However, as the plaintiff in such a case, the burden of proof is mainly on you. You will have to prove a number of things in order for such a case to hold water. Throughout the course of this brief article, you will learn more about proving liability, negligence and proving that you were not the source of the accident yourself.

Proving Negligence & Liability

These two phenomena are deeply intertwined in the legal world, especially in personal injury cases. Liability simply means responsibility. This means that you are attempting to prove that the defendant at hand in responsible for your injuries.

Negligence is a bit more nuanced. In a way, it is a form of liability. Negligence is a way for you to prove that the defendant's actions were a cause for your slip and fall. Negligence simply means that the person responsible for your slip and fall – usually the owner of the personal or commercial property – acted in such a way that he or she ignored her duties beyond "reasonable" means and as such, due to his or her negligence, is responsible for your slip and fall.

For example, if you were walking up to a business during a particularly icy season and the owner had made no clear pathway up to his or her business on the walking path and then you slipped and fell, then he or she will most likely be found liable for damages that you suffered due to a slip and fall injury. Due to his or her negligent behavior, in other words, you have suffered a great physical blow.

Proving You Didn't Cause The Accident

In almost every slip and fall case, the defendant's team will make the claim that the plaintiff is at least partially responsible for his or her own slip and fall. These arguments have become codified in law, such that you may experience a verdict of "contributory fault" or "comparative negligence", in which it is deemed that you are at least partially responsible for your own slip and fall.

There are two very distinct differences between contributory fault and comparative negligence, however. In states where contributory fault reigns supreme, it should be noted that if the plaintiff is deemed to have contributed to his or her fault in any way, then no damages will be awarded to the plaintiff whatsoever and the case will be dismissed.

States in which comparative negligence holds sway are very different, however. In these cases, a judge can deem a plaintiff partially at fault and then he or she will be awarded only a partial amount of the damages sought.

For example, if a judge deems that a plaintiff is 25% at fault while the defendant is 75% at fault, then the plaintiff will only be able to claim 75% of damages sought from the defendant. If the amount sought was $10,000, then the plaintiff will only be able to claim $7,500 of that amount. Also, if a plaintiff can adequately prove that he or she has not been negligent, and acted in accordance with a reasonable degree of caution, then it is unlikely that the court will find them guilty of negligence.

Visit a site like http://www.putnamlieb.com for more information. 

Share