Anyone can slip or fall in private or public. When this accident occurs on a company owned or managed property, chances are the property owner or manager may be responsible. When the fall takes place at home, it may be associated with different factors such as prescribed medicine like the one that causes vertigo.
While pursuing a suit against an individual or entity that could be at fault in a slip or fall case, it’s essential you prove some factors with help from qualified Miami injury attorneys. Most Americans think that any fall that occurs on the premises of an individual or company entitles them to sue the organization or person, but this is not always the case.
Here are four elements in a slip and fall accident that should be proven with adequate evidence:
Duty of the Victim
The property owner or manager is responsible for maintaining the premises to ensure no harmful conditions exist. The person responsible should address any issues through reasonable means and display warning signs so other people avoid the problem. In some cases, the victim may be required to prove that the manager or owner had full control of the risky area when the accident took place. Thus means the manager or owner might interchangeably be in charge and the right person may be known based on date and time of the incident. If there’s no proof of the duty owed to the victim, it may be difficult to win the case.
Known the Possibility of Danger
A crucial aspect of the claim is that someone in charge of the premises should have known the potential for danger. Typically, an expert witness is called to explain inspection and maintenance procedures carried out to avert accidents. If the owner or manager hasn’t carried out these measures, then it shows they have failed to carry out their responsibilities. In other words, a risky situation could occur and the individual in charge of the property could have know about its disastrous impact to anyone on that property. This shows that the accused will be accused of negligence.
The case may have an obvious instance in which danger was apparent, but it still must be proven. The harmed person must show evidence that the accused knew or had sufficient suspicion that anyone could have suffered harm because of the dangerous circumstances on the property. The accused should then have taken care of the hazard to ensure other people on the property knew about its potential for harm or could avoid it. A different aspect here is that the property was used for its intended purpose. For example, a dance club wasn’t used for horse riding.
The Property’s Dangerous Conditions Directly Caused Injuries
It’s essential to prove that the slip and fall injuries directly emanated from the dangerous circumstances on the premises. It’s among the most difficult to prove as many people usually wait until the physical discomfort becomes intense. Sufficient proof should reveal that the diagnosed conditions are the direct effects of the property’s hazards.
After a slip and fall accident, many individuals are confused and may not know how to prove the above elements. Working with Miami injury attorneys can make the process hassle-free and increase the odds of winning the case.