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How To Prove Fault In a Slip and Fall Claim
Premises liability is a legal term that generally comes into play in personal injury cases where the victim is injured by some type of hazardous or defective condition on another person’s property. However, simply because you were injured on someone else’s property does not mean that you have a claim against that owner. In order to successfully assert a claim against the property owner, you need to prove certain elements.
Important Questions to Ask to Determine If You Have a Claim
In order to prove a valid slip and fall claim, you need to first determine whether you have a valid claim. Below are some common, but important, questions you or your premises liability attorney should discuss before starting a claim:
- Did either the property owner or his or her employees know or should have known about the hazardous condition or defect that caused your injuries?
- Did the owner or their employee know about the hazardous condition or defect but failed to fix or repair it?
- How long had the hazardous or defective condition been present prior to your accident?
- What type of daily cleaning actions does the property owner have in place to prevent such hazardous conditions?
- If the owner claims he or she has a cleaning routine, can it be proven to support the claim?
- Did you have a legitimate reason for being present on the property at the time the accident happened?
- Were you engaging in any activities that contributed to your slip and fall accident?
- Were you injured as a result of the slip and fall accident?
Depending on the answers to these questions and the extent of the evidence you have to prove your answers, you may have a valid claim against the property owner. An experienced attorney who specifically handles premises liability claims can provide you with more information.
For more information or to schedule a complimentary consultation with a New Jersey slip and fall lawyer, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.