4 Elements Needed To Prove Slip and Fall Negligence

You can refer to negligence as a personal injury lawsuit or a personal injury insurance claim; both may just as well be the same thing from a legal point of view. Before you dash off to start filing personal injury lawsuits with your personal injury lawyer or even begin to negotiate with a claims adjuster about that personal injury insurance claim you wish to get, you must first understand a few concepts and consult a slip and fall lawyer Toronto. There are four elements of negligence that you must be aware of and also how they are related to each other.

You cannot just instantly sue someone for falling on their premises. You need to have tangible proof of some four very vital elements in a fall case, slip and fall, and also trip. You should know you do not have any tangible case if you can’t prove every one of these elements.

  • Duty on the part of the defendant: the premises is owned and operated by the defendant.
  • Notice: the defendant knew or had to have known of the factors that could cause any harm to the public.
  • Dangerous condition: the factors that led to the plaintiff’s injury were dangerous, not small defects.
  • Damages: the dangerous conditions led to the injuries suffered by the plaintiff

Duty

What duty means here is that as the owner of the premises you need to ensure that you address any conditions that can end up causing you or anyone else around the premise or surroundings of your premise any harm. Owned duty comes about as to whether you, as the premise owner, or the occupier of the premise, ought to have had any control of the premise that the accident occurred. In instances where you have more than one owner of the premise, you have to determine who was in charge of the premise at the time of the accident. As the plaintiff, you need to know you cannot win your case if you cannot prove the defendant’s owner duty.

Notice

Another one of the vital issues you need to establish in these types of cases is notice. As the plaintiff, you ought to have your attorney call on experts that can testify to your case, the typical practices like inspection, hazard prevention procedure, and also maintenance. It may be possible for you to prove improper premise management if you have proof that the defendant has deviated from any of these industry practices.

Dangerous Condition

As the injured in this case, you now know that a dangerous condition must have existed for you to suffer any injuries. However, you need to prove this fact to stand a chance of winning your lawsuit. As the plaintiff, you have to prove that the defendant knew or had knowledge of the dangerous conditions that led to your injuries but did not take any action about these conditions. As the plaintiff, you need to prove that the conditions were, indeed, dangerous and not some normal minor wear and tear that would otherwise create no potential harm.

Damages

It is not always easy to prove that the injuries you have were as a result of the accident you suffered as a result of someone else’s negligence. You must prove that the injuries you were diagnosed with were caused as a result of the dangerous conditions in the defendant’s premises. Do not brush off your injuries as if nothing happened, instead seek medical attention and take reports of the incident for you may need these when testifying your case.

7 Tips to Protect Your Business From Slip & Fall Accidents

As a business owner, the onus is on you to ensure that your consumers are safe while on your property. You are the owner of the establishment; your customers are your guests. You have a legal and moral responsibility to ensure that as much care as possible is taken to remove dangers from your premises.

There are dangers all year that employers must be aware of, especially in a busy city such as Seabrook. The winter season adds a whole new layer of risk factors that all managers must take into consideration. Icy walkways, freezing water, melting snow, slippery floors and uneven carpets can quickly result in someone falling. Injuries can range from a scrape or bruise, to more severe and even life-threatening conditions. To prevent unnecessary accidents from occurring, company owners should:

1. Shovel The Walkway

Walkways leading up to the main doors should be cleared of snow every time the white stuff falls. Shoveling the snow from your walkways will make it much easier to tread on them. While accidents are not always preventable, the risk of slips and falls can be greatly reduced if you keep your venue free of snow hazards.

2. De-Ice Your Sidewalks

Ice can build up pretty quickly, especially when the temperatures fluctuate and the moisture melts, then freezes again. Salt, sand, or de-icers will help remove the slippery surface, so pedestrians will have traction under their feet.

3. Mop Up Water

As people enter your building, the snowy residue on their footwear will melt, creating puddles of water around the store. Owners should mop the wet areas frequently to help keep them clear and slip free.

4. Put Warning Signs Up

In between clean-ups, put signs up where they are visible to warn your guests that the floor in that area is slippery. The signage will add additional alerts for your pedestrians to take care while moving around.

5. Using Carpeting

Some company owners lay carpeting down at the entrance to absorb the excess moisture and provide a grip to the surface. If you have rugs at your doorway, they must have anti-slip undersides and be lying flat. Any ripples or folds can be a tripping hazard.

Carpets can help with moisture, but they will not completely absorb all the water, especially during high traffic, warm days. Employers must still be vigilant in maintaining a clean area to keep others safe.

6. Keep Entranceways Clear

Some owners put shovels, sanding pails and containers in the building openings so that they are nearby when needed. But these tools can be dangerous to people walking through the area. If they are knocked over, or in the immediate treading area, individuals can easily trip over them.

Commercial property owners are responsible for keeping a clear, accessible portal to their business at all times during public hours or risk legal complications.

7. Keep Parking Lots Clear

Parking lots are a little more difficult to maintain, especially if they are shared with other business owners. During heavy snowfalls, owners should clear snow piles so that it is easier for drivers to get into the lot. A clean parkade will also help protect clientele from trips and falls.

Most personal injury claims are the direct fault of negligent company proprietors. Business owners have a legal and moral obligation to keep their entrances clean and free of hazards so guests coming to their premises will be safe from slips and falls. While some accidents cannot be avoided, most commercial injuries can be by taking the proper precautions to remove all dangers from public areas. If you are subjected to a personal injury lawsuit, your immediate next step is to contact a professional Seabrook injury attorney for advice and assistance.