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Factors for proving fault in slip-and-fall accidents

There are a few important factors to consider when you are involved in a slip and fall accident. You may be considering legal action in the wake of such an incident, so it is important to know how to build your case in such circumstances. Knowing your best route to potential success is crucial.

The first thing to consider is if the property owner could have prevented the accident. Could they have installed something to prevent the accident? Could they have repaired something to prevent the accident? If this can be proven, then the property owner could be held liable.

Along the same lines is the element of "maintaining reasonably safe conditions." This basically means that a property owner has to maintain safe conditions on their premises within reason. Obviously they can't foresee every possible problem that their premises could cause -- but reasonable repairs to improve safety are expected and required. Failure to do this makes them liable for a slip-and-fall accident.

This leads to two other factors: the level of "reasonableness" and "carelessness" involves in any given slip and fall case. Essentially, reasonableness means that if what a property owner did was "reasonable" in regards to his or her property, then it is difficult to claim they were liable for your slip and fall. Similarly, if you were "careless" in the course of the slip and fall -- such as being intentionally clumsy or performing actions that promoted danger -- then you wouldn't have a strong claim for a slip and fall.

Source: FindLaw, "Proving Fault in Slip and Fall Accidents," Accessed Dec. 1, 2016

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