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