How Do You Determine Fault in a Slip and Fall Case?
Slips and falls are more hazardous than you may realize. Approximately one million emergency room visits are attributed to slips and falls yearly. If you suffered injuries in a slip and fall accident in Tennessee, you have the right to get compensated for your injuries and related losses.
But you might be surprised to learn that to recover the compensation you need to cover your losses, you must prove the negligent party’s fault. Also, your level of fault in the slip and fall accident must not be higher than 50%, or you’ll be barred from seeking compensation entirely. That’s why you’ll need proper legal representation from an experienced Tennessee slip and fall lawyer to determine and prove fault in a slip and fall case.
What Evidence is Needed to Determine and Prove a Slip and Fall Case?
Various forms of evidence will help strengthen your claim against the negligent party, which is usually the occupant or owner of the property where you slipped and fell. You must prove their negligence, and that their negligent actions resulted in your injuries. Also, you sustained actual damages due to the accident and your injuries. The evidence needed to determine and prove fault and liability for a slip and fall case typically includes:
- Photos or videos of your slip and fall accident
- Photos or videos of the dangerous condition or hazard that caused the accident
- Witness testimonies
- An accident report, if applicable
- Your medical records
- Other related receipts and bills related to your slip and fall injury
- Notes about your injuries, such as your daily pain levels and limitations, inability to work, recovery, etc.
Your Tennessee slip and fall lawyer will investigate the accident to determine whether the negligent party had proper safety procedures, such as routine maintenance and cleaning and timely removal or repair of potentially dangerous conditions. The investigation may uncover other issues of negligence, like inspection reports detailing potential hazards or multiple complaints from other people.
Testimonies from expert witnesses can also help corroborate your claim against the negligent party. They can establish how the at-fault party’s negligent actions created the hazard that caused your accident.
What If The Other Party is Accusing Me of Being At Fault for The Slip and Fall Accident?
You should know that property occupants or owners and their insurance providers will attempt to argue that your own carelessness contributed to or caused you to slip and fall. As mentioned above, if you are deemed 51% at fault for the slip and fall accident, you will not be able to pursue compensation from the other party.
Our Tennessee slip and fall lawyer will be ready to argue your case and dispute the other party’s allegations with proper evidence to ensure you recover maximum compensation under the law.
Get Legal Assistance From Our Skilled Tennessee Slip and Fall Lawyer Now
If you get injured in a slip and fall accident, don’t hesitate to contact the Tennessee slip and fall lawyer at Raybin & Weissman for legal guidance. You can explore your options and learn more about your case in a free consultation with our Tennessee slip and fall lawyer. Reach us online or call 615-256-6666 for more details.