We’re There For Slips, Trips and Falls
Many people believe that if they fell on someone else’s property and sustained an injury, then someone must be responsible. The truth is that whether there is a case usually depends on the finding of negligence. The first question is usually what caused you to fall. Was there a dangerous and/or defection condition? Who was responsible for maintaining that area? Did that know or should they have known of that condition? Did someone create the condition? Etc….
Once these questions are answered then the burden shifts back to the injured person to show he/she was not partially at fault. Courts will often ask whether the plaintiff could have seen the condition, could he/she have avoided it, walked around it, etc…?? A thorough investigation of the accident area with proper photographs, surveillance, questioning of potential witnesses, etc.. may help build a winning case from inception.