Legal Help When Buying and Selling Property

Legal Help When Buying and Selling Property

How To Prove Foreseeability In A Slip-And-Fall Injury Claim

by Louise Boyd

Courts use foreseeability to determine whether a personal injury defendant could or should have foreseen the effects of their actions. This determination is critical since, in negligence cases, a person is only liable for the foreseeable effects of their actions. Below is an overview of foreseeability proof in a slip-and-fall injury case. 

Existence of Slip-and-Fall Risks

You must prove the existence of the dangerous situation that caused your slip-and-fall injury. Some of the things that cause slip-and-fall accidents include:

  • Slippery surfaces, such as floors with spilled water, oil, or other fluids
  • Uneven surfaces, such as pavements with tree root damage
  • Loose surfaces, such as loose rugs
  • Surfaces with holes or cracks
  • Surfaces with unexpected debris or litter

The list above is not exhaustive. You can prove the existence of the above risks in various ways. One way is to get video footage, for example, from security cameras, from the time of the accident. Another way is to use pictures of the surface you took immediately after the crash. You can even use eyewitness testimony to prove your claim.

The value of reliable evidence underscores the need to capture and preserve evidence after a slip-and-fall injury. In case of a slip-and-fall accident, report your injury, take pictures of the accident scene, and get contacts of potential witnesses who can testify about the slip-and-fall risks.

Knowledge of Slip-and-Fall Risks

You must also prove that the defendant knew about the slip-and-fall risks. You can use actual knowledge or constructive knowledge, depending on the circumstances.

Consider a case where you slip and fall on an oily floor in a retail store. You must prove that the retail shop owner knew about the oil spill to get your compensation, and you can do this in several ways. For example:

  • Security camera footage can prove that the retail store owner knew about the oil spill because they caused it.
  • An eyewitness can testify that they heard the retail store owner planning how to clean the floor, but the store owner did not act in time.
  • A store clerk can prove that the store owner knew about the spill because the clerk reported the spill.
  • The store owner should have known about the oil spill since it occurred every time they unloaded new stock, which they had done that morning.

The more evidence you have for your claim, the stronger your claim will be. Contact a local law firm to learn more. 


About Me

Legal Help When Buying and Selling Property

I am a real estate attorney, and I have been helping clients buy and sell property for many years. Some clients do not realize their legal obligations and options when it comes to purchasing or selling a house or land. I hope that this blog will be a way for people to get information about legal issues in real estate and what they need to know when doing business. Buying and selling property can be complicated, and all parties involved have legal obligations. Know what is expected of you, and you will be able to get the best out of your real estate transactions.