When an individual is injured due to the negligence of another party, they may consider bringing a personal injury lawsuit against that party in an effort to recover damages. However, it is not quite as easy as it may seem to bring a successful personal injury case because the injured party is required to fulfill the burden of proof. The burden of proof simply means that the injured party has to prove that the other party acted negligently and that this negligence resulted in an accident and serious injuries.
For example, if an individual was injured because they slipped and fell in a grocery store on a spilled liquid, they would need to prove that the staff knew or should have reasonably known about the hazardous condition and failed to remedy it. When an individual tries to fulfill the burden of proof, it is always beneficial for them to have photos or video evidence of the accident. If possible, before leaving the scene of the accident, take pictures of the dangerous conditions. In addition, if there were any witnesses to the accident, it is a good idea to get their contact information for a witness statement down the road. In some cases, there may even be surveillance footage available that could help the case.
The burden of proof is a term used as information in a slip and fall accident. After these accidents occur, injured victims may wish to seek liability on behalf of the property owner. To build their case, they must establish the burden of proof. This means that they have to prove that the owner of the property acted negligently by failing to provide a safe premises. If the property owner knew or should have reasonably known about the hazard present, then this can show that they were negligent. To file a lawsuit against a commercial property owner or private owner, the victim of a slip and fall accident must file it within three years of the accident. If the owner was of a municipal property, there must be a notice of claim within a year, stating that the individual will take legal action.
What can cause sidewalk slip and fall accidents?
Sidewalk accidents can happen due to a variety of factors that are present on these surfaces. This can include loose debris, hazardous materials and surface problems. These surfaces can become uneven due to these hazards. Weather conditions can also influence the safety of the sidewalk. Snow or ice can cause the sidewalks to become slippery and people can lose their footing quite easily. When weather conditions are involved in the accident, it can become more complicated. Weather conditions need to be addressed within an allotted time after a storm. If you took the risk and used the sidewalk before this period of time, then you may not be able to seek negligence on behalf of another party.
Who can I hold responsible for my slip and fall accident?
For most sidewalks, they are the responsibility of the adjacent property owner. This means that usually store owners are responsible for clearing hazards on the sidewalk outside of their store. Property owners can include private citizens, a commercial property or municipality. When individuals fall victim to an incident on a sidewalk, they will have to prove negligence on behalf of the property owners. They can show that these individuals were supposed to keep a safe premises for pedestrians.
Personal injury cases can involve various injuries due to hazards that caused an accident. For these cases, injured individuals may be faced with the task of fulfilling the burden of proof to allow them to acquire compensation for their winning lawsuit. This may be tough for some people if they are injured to the point where they are unable to go back to the scene and take pictures of the hazard. At this time, it can be best to hire legal counsel. An attorney can gather evidence from the scene to support the burden of proof and be used in the case. For these situations, it is best to take pictures of the scene. Try to get these pictures taken before the hazard is removed. This can help support your case. Personal injury cases can hold you responsible for proving the negligence of a property owner’s negligence and proving this negligence lead to your accident.
Property owners can be held responsible for maintaining a safe premises for those that will walk on it. They must take the proper steps to remove any hazards present and to keep their property clean for people to walk through. If they fail to do so, they may be held accountable for an accident that occurs. If a property owner knew or should have reasonably known about a hazard present and did not take the proper steps to remove it, they may be held responsible for an accident that occurred. This can cause them to pay damages to an injured party. As long as the injured party is able to fulfill the burden of proof, the property owner may be deemed responsible.
How can weather affect these cases?
During the winter time, snow and ice can lead to slippery conditions. This can become a hazard for pedestrians. These individuals can slip and fall on surfaces that are covered in these elements, causing painful injuries to individuals. When individuals are involved in these accidents, it can cause detrimental injuries. For weather-related hazards, property owners may have a specific time frame to remove snow and ice. If individuals proceed at their own risk before the time period has expired, they may not be able to hold the property owner responsible for their accident. However, if the snow is present after the time period has expired, the property owner may be proven to be negligent. They should have removed the hazard in time.
If you have been injured on someone else’s property, contact our firm today.
Albers & Associates is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Albers & Associates to schedule a consultation.