The following circumstances have to be proved true by the injured party in order to be responsible in any claim against falling, tripping or slipping accident:
- The employer or the owner of the property is already aware of the risk and potential hazards but remained quite.
- Potential hazards have been caused by the owner or any personnel employed by the owner such as spill, torn or worn spot, slippery surfaces and dangerous for underfoot.
- The owner or his personnel already have an idea of the potential hazard of the property because someone knowledgeable has replaced, repaired or removed it.
The third circumstance is often common but is hard to establish, whether the owner of the property has taken steps or actions to keep the property reasonable, secured and safe.
According to the law, verifying what is “reasonable” focus on whether the owner took necessary and careful attention to ensure that the property is free and safe from potential hazards. Being “reasonable” could be determined through the following:
- Was broken or poor lighting a component to the accident?
- Has the owner undergone regular activity or protocol to ensure that the premises underwent timely repairing, cleaning or maintenance before a victim tripped? Is there any proof of such activities?
- Has the potential hazard been present for a considerable period of time which the owner should have known or had knowledge about it?
- Was there a good reason why an object was placed in your path, could the object have been covered, removed or secured?
- Was there any reason why the object is placed on the ground or floor during the time when you have tripped over it? Give reasons how it outweighs the risk to potential hazards?
- Was there any informative/warning sign or simple barrier to caution people of the potential hazard?
- Was there any action taken to relocate the object to a safer place with less inconvenience to the owner of the premise?
If the above results responses favorably at your side, you are considerably entitled to financial claims from trip and fall or slip and fall liabilities.
When regards to slip and fall or fall accidents, Law Offices of Gallian Welker & Beckstrom, L.C. is experienced in representing you. We have years of expertise in handling slip and falls, or fall accidents, You are guaranteed that you get most of the claims you are entitled to have. Most people, who are faced with this kind of situation, don’t have a concrete knowledge about how the case works. We will make things easy at your side. We work with professionalism in assisting your needs and thoroughly investigating your case as expedient as possible. We desire to offer you the maximized valuation of your claims the best way we can!
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