Slip and Fall Accidents Can Be Difficult to Prove

 Posted on August 25, 2017 in Slip and Fall

If you have been injured after falling at business, you may think you have a foolproof lawsuit. However, slip and fall claims can be complicated to prove. In many cases, the most difficult element that an accident victim will be required to show to the court is that the business owner knew or should have known about the danger that caused the fall.

The law requires that business and property owners keep their properties in reasonably safe conditions. However, the accident victim must prove that the responsible party have knowledge or should have had knowledge of the dangerous condition.

How to Prove Knowledge of the Dangerous Condition

Sometimes it may be the case that there is evidence that the business or property owner knew of the hazard. For example, maybe a complaint had already been made or an accident had already been caused by the condition.

This is common among defects in walking surface. It may be the case that the business had already been cited for failing to have appropriate handrails or non-slip tape by a regulating agency.

How to Prove Constructive Knowledge of the Dangerous Condition

More often, an accident victim will attempt to prove constructive knowledge or that the responsible party should have known of the danger if they were reasonable in its efforts to provide a safe premises.

For example, if you can prove that a puddle of liquid was on the floor for a substantial period of time without it being cleaned up by staff, you may be able to prove constructive knowledge.

This could be proven by getting security tapes from the store. Such footage is routinely taped over, so it is important to get access to this quickly.

Another way to prove constructive knowledge is to show that safety procedures were not followed. Perhaps the store did not put out wet floor signs or failed to provide umbrella bags.

Call a Bloomingdale Slip and Fall Attorney

Slip and fall accidents can leave victims with long-lasting injuries that are painful and costly to treat. As a fall victim, you could have the right to monetary compensation for these injuries.

You should not leave this compensation up to chance. Hiring a lawyer means that your case will be handled efficiently and your compensation will be maximized. Many non-lawyers underestimate what fair compensation in a slip and fall case is.

The experienced Bloomingdale slip and fall attorney at the Law Offices of David W. Clark, P.C. can be reached at 630-665-5678. Contact our firm to set up your first meeting today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57