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Proving Fault In A Slip & Fall Accident Claim

September 3, 2020

Slip and fall accidents can lead to severe injuries for victims. Not only do slip and fall accident victims have to deal with significant pain and suffering caused by the injuries, but they will also have to handle incoming medical expenses and possibly lost wages if they cannot work. It is important that victims in these cases secure compensation if another person or business caused their injuries. However, proving liability in the aftermath of a slip and fall claim can be difficult.

Proving fault in a slip and fall accident

Proving Fault In A Slip & Fall Accident

A property owner is often liable for these incidents because they are ultimately responsible for the safety of those who have a right to be on their premises. There are various ways in which slip and fall accidents occur, including:

  • No “wet floor” sign put up after mopping
  • Spills or leaks that are not promptly cleaned
  • Loose flooring material such as floorboards or carpeting
  • Low lying obstacles in pedestrian pathways
  • Inadequate lighting in pedestrian pathways
  • Loose gravel in parking lots
  • Uneven walking surfaces

As with any other personal injury case, proving liability is often complicated, and an injury victim may need assistance from a skilled Phoenix slip and fall lawyer. An attorney can use their resources to conduct a full investigation into the case and gather the evidence necessary to prove liability. This could include obtaining:

  • Any photo or video surveillance of the incident
  • Statements from any eyewitnesses
  • Accident reports made by the property owner or employees
  • EMS or police reports
  • Internal company documents detailing a history of other slip and fall accidents
  • Training documents to determine whether employees were trained to handle slip and fall accidents

Slip & Fall Accidents Are Premises Liability Cases

According to data available from the National Floor Safety Institute, we know that slip and fall accidents account for more than one million emergency room visits across the country each year. This equates to approximately 12% of all total falls. Slip and fall accidents are the most common type of premises liability case, meaning that these incidents often result in insurance claims or lawsuits against negligent property owners.

An attorney will be working to show whether or not the property owner could have prevented the accident from occurring based on the property owner’s knowledge of the dangerous condition. If they could have prevented the accident and failed to take steps to do so, they should be held liable for any injuries and damages sustained by the victim.

Importantly, a Phoenix premises liability attorney can work with trusted medical professionals to help properly document a slip and fall accident victim’s injuries. Slip and fall cases are going to revolve around proving the incident as well as proving that the victim actually sustained an injury. You can be certain that the insurance carrier or legal team of the property owner will attempt to push back on any evidence that could make their case worse.

Let Torgenson Law Help You Establish Liability

A skilled Phoenix personal injury attorney is going to understand the tactics that insurance carriers and legal teams will use to lower the settlement made to an injury victim. An attorney will counter these arguments and present the necessary evidence to obtain the compensation their client needs. This includes coverage for medical expenses, any rehabilitation or physical therapy costs, lost wages, pain and suffering damages, and more.

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