Proving Liability in Slip-and-Fall Cases | Montgomery Law Boise
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Many Idaho residents are hurt in slip-and-fall accidents each year. In most cases, they experience only minor injuries; however, in some cases the damage can be extensive or even permanent. This is especially true for older adults and those with limited mobility. If an individual’s or business entity’s negligence caused the accident, the at-fault party must be held accountable not only to compensate the victim, but to prevent others from being similarly harmed. It may be difficult to prove fault, however, without the assistance of an experienced attorney.

Consider the Circumstances of the Accident

Tripping and falling aren’t uncommon, especially in today’s fast-paced world. Not paying attention, rushing or even carrying something in your arms may cause you to slip. In those cases, the accident is clearly on your shoulders. If you trip and fall on someone else’s property, he or she may or may not be liable, depending on the specific circumstances. Some typical causes of slips and falls include uneven sidewalks, defective or dangerous properties, potholes, problematic manhole or grate covers and wet floors. The court determines liability based on an evaluation of reasonableness.

Reasonableness and Negligence

Determining whether the property owners or their representative (an employee, for example) is liable for your injuries depends on the principle of reasonableness. Whatever the factor or condition that was involved in the fall, the court will examine whether the owner or agent acted as a reasonable person would under the circumstances. The court will further explore whether there was a reasonable justification for the hazard’s presence, whether measures could have been taken to prevent the accident and whether a reasonable person would have experienced the same accident.

Making Your Negligence Case

The most effective way to ensure a favorable outcome in your slip-and-fall case is to engage the services of an experienced premises liability lawyer. Your attorney will undertake the process of proving what’s known as a causal link between the fall and your injuries, and show that the defendant was aware, or should have been aware, of the hazard. It is also critical to maintain detailed records of your injuries, treatment and expenses. Don’t delay in pursuing your case, however, as the statutes of limitations restrict the amount of time you have to file your claim.

If you are an Idaho resident who has been injured in a slip, trip or fall that you believe was caused by negligence, contact the experienced premises liability attorneys at Montgomery Law. They can protect your rights and ensure you are appropriately compensated for your slip-and-fall accident.