Slip and fall accidents often occur on someone else’s property. Many provisions and laws require the property owner to compensate for the injury or the entire accident. These accidents could involve minor damages to severe physical injuries leading to short-term and long-term disabilities.
If you happen to occur in a slip and fall accident on someone else’s property, it would be best to reach a slip and fall lawyer in Jersey City if the owner refuses to acknowledge their fault. To conclude on the liability of the accident, there are a couple of things one should know.
Factors For Determining Fault In A Slip And Fall Accident?
Generally, the property owner is held responsible for the slip and fall accident. The accident could occur at someone’s house, a mall, a commercial building, etc. Although, there are certain factors considered before assigning liability. Let us take a look at them:
Cause of the accident
The origin of a slip and fall accident is mainly a flaw in the property. For example, a victim can trip and fall in a mall due to an uneven floor. In this situation, the mall owner or the company running it is held responsible.
Owner’s admission
To determine fault or responsibility, the key factor considered is the owner’s admission towards the cause of the accident. The owner may not explicitly admit that they knew the problem and did not fix it. But, to apply for a personal injury claim, the victim may need to prove it with the help of a Jersey City lawyer.
Adequate time for fixing the problem
Ascertaining that the proprietor knew about the cause of the accident may not be enough in front of a jury. To ensure the victim gets compensated for the damages, it may be necessary to point out that the owner had adequate time to fix the problem.
It could be an uneven floor or a rough patch, but the victim may be required to prove the property owner’s timeframe for fixing the flaw.
The final assignment of guilt
Now that you are familiar with the details considered for assigning fault, you should know one last aspect. After the victim successfully proves all the three factors, it would be better to take assistance from a legal professional.
Arguing and proving the property owner’s fault could be challenging. A lawyer may know how to handle the situation and help the victim get fair compensation for the damages or injuries they suffered. The case might get settled before going to court, but it is always better to stay prepared if something goes wrong.