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Slip and fall accidents are common occurrences that lead to serious injuries and even financial trouble for the victims. If you are ever injured in a slip and fall accident you need to consult with an experienced attorney at Martin Heller Potempa & Sheppard, PLLC. These accidents are typically easy to prevent if property owners take care of their property and remove any and all hazards that could injure visitors. Be sure to speak with our Nashville slip and fall accident lawyers today so you can begin building a case for compensation.
How to Prove Fault in a Slip and Fall Accident Case
Proving fault in a slip and fall case is not easy. All of these cases are different and the outcome lies in the ability to prove that the property owner failed to prevent the incident from happening and that you were not negligent in seeing the potential hazard on the property. In order to be successful in a slip and fall case, you must prove that the owner of the property knew about the dangerous condition that caused your injury.
To successfully show that the property owner knew about the existence of the dangerous condition, the following must be proven:
The dangerous condition was created by the property owner
The dangerous condition was known by the property owner, who also failed to correct the problem
The dangerous condition was in existence for such a period that the property owner should have known about it and fixed it before the accident occurred
The bottom line is you need to show the property owner’s negligence must have been foreseeable in the fact that it would lead to a dangerous situation such as the one that caused your injuries.
There also must be the presence of a responsible party in all slip and fall accident cases in order to prove liability. This responsible party must have acted negligently in order for the case to be successful. There are some injuries caused by slip and fall accidents that occur only because of the victim’s own careless actions and not the result of anyone else’s actions.
Slip and Fall Accidents on Commercial Property
Slip and falls are very common in commercial properties, including stores, restaurants, school grounds, and other places. The following must be present in order to prove liability:
The owner or employee of the property must have caused the hazardous condition that led to the accident (spill, tear, slippery spot)
The owner or employee must have known about the hazardous condition and done nothing to rectify it
The owner or employee should have known about the hazardous condition since a reasonable person taking care of the property would know and then rectified the situation
Slip and Fall Accidents on Residential Property
A slip and fall accident that occurs on a residential property can wind up having various parties being at fault for the accident. If the property is an apartment, condominium, or another type of rental property then the landlord could be held liable for the injuries to the tenant. If the property is a single-family home, the homeowner could be held liable for the injuries of any visitor to the home.
If your injuries were suffered on a rental property, you will need the following in order to prove fault:
The condition that led to the slip and fall could have been controlled by the landlord
The repairs for the condition would not have been too expensive or unreasonable to achieve for the landlord
Not fixing the condition led to a foreseeable consequence like a slip and fall accident
The tenant’s slip and fall accident and subsequent injuries were caused by the landlord’s failure to remedy the condition
Slip and Fall Accidents on Government Property
There are special rules that apply to slip and fall accidents that occur on government property, including local, state, and federal levels. Government entities are often shielded from liability when it comes to injuries that are suffered in slip and fall accidents on their properties. This is done with strict notice requirements and immunity provisions that are typically very broad in nature.
Contact Our Nashville Slip and Fall Accident Lawyers Today!
If you or a loved one has been injured in a slip and fall accident on any type of property it’s important to speak with our Nashville slip and fall lawyers about your case. Contact Martin Heller Potempa & Sheppard, PLLC today to schedule a consultation. You deserve compensation for your injuries and shouldn’t have to struggle to pay the medical bills associated with the incident.