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Did you know a third of all non-fatal injuries in the United States are caused by slip and fall accidents? These types of injuries are bad enough alone, but they can be even worse when the blame falls on someone else… and all too often, the other person doesn’t want to accept responsibility.
So, what should you do if you’re hurt on someone else’s property? How can you prove your settlement is legitimate? Should you find an attorney to help with your claim?
Continue reading to learn the essential things to do after a slip and fall on another person’s property.
Prove the Property Owner Should Have Known About the Hazard
You’ll need to prove the property owner should have known about the hazard to receive a settlement. This doesn’t mean you have to prove they knew the threat existed. Instead, you only need to establish an attentive landowner would have reasonably known the hazard existed.
Prove You Weren’t Trespassing
Landowners have no obligations to a person who is breaking the law, as would be the case if they state you were trespassing. The term trespassing is defined by law as entering someone’s property without their permission.
In some circumstances, it’s easy to prove you weren’t trespassing. If the property is public and open for business, this is clearly allowed. With private residences, it may be more challenging to prove you were permitted to be there.
Prove You Weren’t Purposefully Negligent
Proved the landowner should have reasonably known about the hazard and that you were given permission to be there? Now you have to prove that you weren’t the one being purposefully negligent.
Being purposefully negligent means you knew the hazard existed and decided to do something anyway. If there’s a wet floor sign up and you choose to walk on it, you’re being negligent. The same could also be said if you bypassed caution tape or failed to heed the warnings of the landowner.
It can be challenging to determine the landowner didn’t warn you about a specific hazard. Generally, however, the landowner has the burden of proof. They must somehow prove you were aware to use this defense.
Find an Attorney
Any time you’re hurt on somebody else’s property, you must hire a premises liability lawyer. With so many ways landowners can try to get out of a claim, you want a legal professional on your side.
If you lose your claim, you’ll be stuck paying for your medical bills, and any loss of income will be just that, lost. You don’t want your finances strained due to another person’s negligence.
More Questions About Being Hurt On Someone Else’s Property?
If you were hurt on someone else’s property, you’d likely want to file a personal injury claim for your medical bills. You should always find an attorney when dealing with these issues since it can be hard to prove your claim is legitimate.
Do you have more questions about what to do if you’re hurt on someone else’s property?
Look through our other posts. You’ll find numerous blogs on this and related topics to help you learn more on the subject.