Trip and Fall Claim Under The Premise Liability Principle By Rainier Policarpio At Isnare.com Ezine Articles

Under the legal context, trip and fall is a type of personal injury case wherein an individual suffers damages or injuries due to slipping, tripping or falling. Usually, the victims of these cases may file their charges based on the principle of “premise liability.”

This particular law context explains that a property owner or manager may be held responsible for whatever injuries or damages that a person may sustain while on his/her premises. However, an injured victim must first prove several elements of his case and make sure that the premise owner was somehow “at fault” with the trip and fall accident.

Establishing Fault in a Trip and Fall Case

There is no specific method of determining whether a party may be held accountable in your trip and fall injury. Yet, the following factors are being considered in such cases:

•Has the property owner been neglectful of his/her obligations of ensuing safety on his premises?

Has he created the dangerous condition?

Has he already knew about the existence of such condition but failed to implement immediate action?

Has the dangerous condition been present for considerable period that he should have discovered about it and took measures to correct it?

•Is there any other party responsible for the trip and fall accident?

•Have you done any acts that may add to the effects of the accident?

•Is there any warning sign situated at the area where the accident occurred?

In general, a trip and fall victim must furnish evidences to prove that the trip and fall accident happened due to a “dangerous condition” and the property owner was aware of such circumstance. Dangerous conditions are those factors that put a person under unreasonable risk while staying on somebody’s property.

To set up a good case, a trip and fall victim must show that such dangerous conditions have been the “proximate cause of his/her injuries. This may be done through preponderance of evidences, which may include:

•pictures of the injury or damage, item that caused the injury, floor surface and the surroundings of the area where the accident took place

•statements of people who witnessed the accident

•reports and findings regarding the extent of the injury sustained coming from the doctor who provided treatment to the victim’s injury

•statement of experts who may have examined the case

Recovery of Damages

Primarily, injured victims advised to consult their trip and fall lawyers before pursuing their claims. Since this type of lawsuits involves various legal issues that may be complicated to understand, the claimants must hire their advocates to make sure that they get the legal protection they deserve.

Trip and fall lawyers have enough about the existing premise liability laws and other related law provisions. They are also equipped with the right skills in following the procedures in achieving good results in a personal injury case such as this. Hence, a trip and fall lawyer can ease the further burden of the victims who may need some time for their medical treatment.

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