Slip and fall incidences are frequent, but this bears terrible news for you if someone gets injured in such an accident at your home or property. You may be held legally responsible for the negligence that led the person to sustain the injuries. Without doubt, the claimant will take the help of a slip and fall lawyer for proving the negligence on your part.
However, you can also take up several measures for preparing your defense. You should consult an injury lawyer who will help you guide you on the intricacies of the case. Ultimately you are free from all the liabilities associated with the situation. Furthermore, you should also follow these steps if a slip and fall have occurred at your property.
Call your insurance carrier
Do not hesitate to contact your homeowner insurance carrier regarding a potential claim. Generally, insurance policies are stringent on notification timings. Therefore, you should not delay informing them about the denial of coverage related issues. You can call the insurance provider immediately, and then follow it up by sending them a mail describing the incident.
Investigate the accident site
You should also investigate the place where the slip and fall occurred. Try to gather information from the people nearby who may have witnessed the accident. Note down their statements, along with their contact information. You can also click pictures of the accident site, as the person who has filed the lawsuit against you, will also do the same.
No Breach of Duty
The claimant has to submit proper evidence that as the owner of the property, you did not adopt the necessary safety measures. If you can show that the place was maintained correctly, you would be acquitted of all charges.
Contact a personal injury lawyer
The plaintiff will have the strong support of a slip and fall attorney. It can result in you in paying a massive sum of money to the claimant. Thus, you should waste no time contacting with slip and fall injury lawyers who can prepare the necessary line of defense and proving you innocent in the case. We underline below the ways the injury lawyer can proceed to prove your innocence.
Dangers were unforeseen
As you can understand, the plaintiff has to prove the accident occurred due to the negligence of the homeowner. The lawyer can help you to describe the conditions that led to the fall were unforeseen. The court will examine if the proper protocols and procedures were maintained in the place where the hazard took place. Additionally, they will also verify if the homeowner did the needful to safeguard the visitors from sustaining injuries.
The proper steps were taken
As a defendant, your lawyer will help you in maintaining that you have done everything to prevent mishaps in your premises. Now, it becomes the responsibility of the plaintiff for proving the homeowner did not meet the accepted standards of safety.
If your premises did have a hazardous zone, you could place warning signs next to it as the first line of defense. However, this might not be enough to overcome the lawsuit as courts may hold you responsible for not applying a concrete solution to avert the looming danger.
Comparative or Contributory Negligence
In some cases, when the injury lawyer finds there is no way of getting an acquittal, then he might pursue comparative and contributory negligence. In this case, the court will compare the negligence of both the plaintiff and the defendant. Sometimes, the plaintiff can be at fault for acting carelessly and thus sustaining the injury.
The claimant will be held partially responsible, and it will bring down your liability amount significantly. So, for example, if your injury lawyer can prove to the court the claimant was 40% responsible for the accident, you need to pay 60% of the damages only. In some states, if the court finds the plaintiff to be accountable to the extent of 50%, you do not need to pay anything.