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Proving Fault in a Slip and Fall Accident

Delaware Slip and Fall Lawyers weigh in on proving fault in slip and fall accidents. A slip and fall accident may end up with a victim suffering a long-term disability, but it is sometimes difficult to prove fault in such accidents. Every slip and fall accident is unique. It is the duty of property owners to keep their premises safe so people are not injured. The property must also adhere to local building codes. Should a property owner permit dangerous conditions to exist, including wet floors without warning signs, improper lighting, or broken pavement, and a person is hurt in a slip and fall accident, premises liability plays an important role.

However, proving negligence or that the property owner was responsible depends on the circumstances. A slip and fall accident at a business open to the public may have a lower standard of premises liability than a private owner who was unaware anyone would be on their property.

What You Need to Prove

To prove that a property owner is responsible for your injury, proof consists of one or more of three elements. These are:

  • The property owner knew of a dangerous condition but did not act to fix it.
  • The property owner caused the dangerous condition.
  • The property owner or an employee should have known about the dangerous condition and taken care of it.

If a situation was ongoing and the property owner did nothing about it, that constitutes as negligence. For example, a business owner may have not repaired longstanding holes in their floor or walkway. However, if the dangerous condition occurred the night before, such as unexpected flooding, the property owner may not have known about it.

Contributory Negligence

A slip and fall accident may occur because the victim contributed in some way to their accident. In a day and age where people are constantly on their cellphones with less awareness than in the past, that lack of attention may cause someone to trip over an item they should have noticed. If a judge or jury finds there was contributory negligence involved, any award may be reduced by the percentage the victim is held responsible.

Delaware Slip and Fall Lawyers at McCann Dillon Jaffe & Lamb, LLC Help Those Injured in Slip and Fall Accidents

If you or a loved one has been injured in a slip and fall accident, you need the services of the experienced Delaware slip and fall lawyers at McCann Dillon Jaffe & Lamb, LLC. Call 302-888-1221 or complete our online form to schedule an initial consultation. We are in Wilmington, Delaware and proudly serve clients throughout the state.