To win a slip and fall case, it's important to understand everything the jury and/or judge will be considering when determining liability for the incident.
There are some standard considerations that are going to be taken into account in just about any slip and fall case. They include the following five considerations:
Any company policy that the property owner may have instituted to prevent the hazard
Company policies or property management policies of the property owner might be considered. If they seem to neglect important considerations and potential hazards, the property owner may be more likely to be held liable for any resulting injuries that occurred.
The possible means of preventing or providing notification of the hazard
If a hazard that caused an injury was easily preventable, the defendant will have a more difficult time avoiding being held liable.
Perhaps it would have been easy for the defendant to simply rope off the hazardous area or post a sign that would have prevented the accident from occurring. In this case, the defendant in a slip and fall case typically appears liable.
The accessibility of the location where the accident occurred
One tactic the defense might take in a slip and fall case is demonstrating that the plaintiff was not authorized to be in the place where the accident occurred.
In a slip and fall accident that occurs on private property, the defendant might avoid liability by showing that the plaintiff wasn't permitted to be on the property. In this case, the plaintiff needs to show lawful and transparent access to the property to gain compensation for accident damages.
The length of time that the hazard had existed before the incident occurred
It's difficult to attend to a hazard that can come upon a property instantaneously. In some cases, it might be a little more difficult for a plaintiff to be awarded compensation for a slip and fall injury if he or she was injured immediately after the hazard was created.
On the other hand, a hazard that was neglected for a long time should clearly be identified as a liability of the property owner.
The possibility that the plaintiff distracted himself or herself when the injury occurred
The defendant is likely to try to make the plaintiff look responsible for the injury in a slip and fall case. If the plaintiff was on the phone or distracted in some way when the accident occurred, the defendant will try to make it so that the court holds the plaintiff completely responsible.
Contact a slip and fall attorney for more information and assistance.