When it comes to determining liability for a slip and fall, many people automatically think it is an easy claim because whatever the reason for the slip and fall, the property owner probably should have been more careful with how they maintained their property. After a slip and fall, if you are trying to recover compensation, you may find that there are other factors that may influence how much compensation you get or whether you get any compensation. A good slip and fall lawyer, like a slip and fall lawyer in Trenton, NJ, understands that it can be difficult to try and prove that the slip and fall accident was not your fault while you are recovering from the accident. This article will discuss a few factors you may not be thinking about when it comes to the accident itself.
What must you prove?
When you are trying to receive compensation for a slip and fall injury you sustained on someone else’s property, you must prove that the owner of the property was liable in some way. In some cases, this may be very simple. For example, if there was an ice storm and a cafe owner opened for business the next day but never bothered to clean up the ice outside of his store or salt the area (or otherwise take care to make his property safe), it is possible that someone who slipped and fell on his property could successfully receive compensation. While they would have known there was a storm and that they should be careful the next day, they would also have reason to believe that a business owner who opened for business would maintain his property for the public.
Factors to Consider in a Slip and Fall
There are a few factors that everyone will be considering when it comes to the slip and fall accident.
- Warning Signs. Were the proper warning signs posted? If you completely ignored any signs that said there was a hazard in the way, this may affect how much compensation you can recover from the accident, if any. How many warning signs were posted is important as well as how hard the property owner tried to warn people of any hazards will be important.
- What You Were Wearing. Believe it or not, this can affect your compensation as well. If you were wearing particularly high heels during the slip and fall accident, you may find the property owner’s attorney or insurance company may not want to give you the full compensation because it is possible someone else in less-tall shoes would not have tripped. It is important to take pictures of what you wore at the time of the accident.
For more information on slip and fall accidents and how a personal injury lawyer can help you with your claim, please contact one in your area today.
Thanks to Davis & Brusca Trial Lawyers for their insight into the different factors that go into a slip and fall lawsuit.