When considering whether or not you have a case in a slip and fall personal injury case, you’ll likely hear the word “reasonable” used often. Why? Because in order to hold someone negligent, you must be able to show that the owner of the property didn’t act as a “reasonable” person would have to keep their property safe. That’s our job at Law Offices of Michael A. Kahn – to show that your injuries were caused by the negligence of someone else.
Factors a plaintiff needs to consider
There are numerous questions we’ll investigate to see if the property owner was at fault for your accident including:
- Was the hazardous condition present for long enough that a reasonable person could have taken action to eliminate it?
- Was there a reason for the potential hazard? If there was, did that reason still exist when your slip and fall accident occurred?
- Did the property owner, or an employee they designated, check regularly for hazards? If so, do they have logs showing procedures were followed?
- Could the hazard been made less dangerous by taking measures like adding signage in the area, preventing people from accessing it, or relocating the hazard?
- Was there an issue with limited visibility or poor lighting that contributed to the slip and fall accident?
How to prove you weren’t responsible for the accident
When it comes to this type of accident, you may find that the plaintiff tries to argue that you were either completely or partially responsible for the accident. This is a legal concept referred to as “comparative fault.” This means that even if you were partially responsible for your accident, you are still able to recover a settlement as long as the plaintiff shared some blame for your injuries.
However, the award you receive will be reduced by the percentage of fault you shared. For example, if you were found to be found half at fault then you’d only collect $10,000 of a $20,000 award for damages. Generally, we’ll look at the following to determine if you shared any fault:
- Did you take part in any activity that may have prevented you from seeing the hazard? For example, were you on your phone at the time?
- Did you have lawful access to the spot where the accident occurred? Was there a reason for you to be in the area?
- Were there warning signs in place that were ignored?
Once we’ve determined if the plaintiff will have a reasonable chance of proving that you were partially at fault, we can adjust our strategy accordingly. The key is to have the right personal injury attorney at your side. Call Law Offices of Michael A. Kahn today at (310) 209-1600 for your free consultation. We will fight tirelessly to ensure you get the best possible outcome.
