Establishing Liability in Hicksville Slip and Fall Cases
One of the main factors that can determine the award of damages in a slip and fall case is fault. Proving the defendant’s liability in an accident of this nature is crucial to a claim’s success, and it can be difficult to do so without qualified legal representation. If you want to recover financial compensation from the party who caused your slip and fall injuries, an experienced Hicksville attorney could help you establish liability in your case.
Common Parties in a Slip and Fall Case
In most slip and fall cases, the defendants are those who are responsible for maintaining the premises. A case with a residential setting may involve the tenant of an apartment and the apartment’s management company, while a commercial case could involve a store patron and the store owner, or the owner of the mall the store is in. If the case surrounds a lack of security, the security company would be a party in the claim. There could be multiple other parties involved in a slip and fall premises case, but it depends on the particular circumstances.
Breach of Duty
To establish fault, a lawyer must prove that the defendant owed a duty of care to the plaintiff, and a breach of that duty is what caused their injuries. Often, this proof comes from the parties’ own testimony, statements from witnesses, or prior documented reports. For example, if a plaintiff says that they slipped on water leaking from a pipe on their apartment’s property, and the defendant knew about the spill and did not clean it, the defendant would have breached their duty of care to maintain safe conditions on their premises. A skilled attorney in Hicksville could work diligently to find all of the available evidence to prove this breach of duty and help the plaintiff recover damages.
Evidence to prove liability in Hicksville slip and fall cases can take many forms. Some of the most common include photographs, videos, police reports, and ambulance reports. In some cases, documentary evidence provided by the defendant during the discovery phase of the litigation could also be helpful, as well as expert opinion from an electrician or contractor.
Testimony from eyewitnesses is also a valuable source of evidence in these kinds of claims, as another personal account that corroborates the circumstances of the fall could increase the plaintiff’s chance of obtaining compensation. The strongest cases make use of as many of these types of evidence as possible to prove that the plaintiff’s retelling of the incident is accurate.
A Hicksville Slip and Fall Attorney Could Help You Prove Negligence in Your Case
Proving the defendant’s liability is an essential component of every slip and fall case, and you should not attempt to do so without the assistance of a seasoned Hicksville attorney. If you are struggling to gather the necessary evidence to prove your claim in court, contact our firm right away. Schedule an initial consultation with a member of our team and learn more about your legal options.