Slip-and-falls account for a large number of injuries sustained by individuals every year. If a case occurred on another’s premises, then it may be possible to launch a personal injury claim with the aim of getting compensation for damages. The money can be used to cover the medical costs and other expenses brought about by the accident.
Of course, all these are easier said than done. Not all cases are clear-cut. Not all parties will admit to fault and pay for the damages outright. So, you may be asking, “What if the property owner won’t pay me for my slip-and-fall injuries?”
Obtain Proof of the Injury
Whether you try to settle or go to court, you will have to provide irrefutable proof that you were indeed injured. It will not be enough for you to say that you were injured, as the defendant may simply accuse you of bluffing. You must get medical records that show the injurie; it is prudent for any injured person to go straight to a hospital and get the doctor’s evaluation. All the results will prove to be vital in a court case. Get proof that it happened on the premises as well.
Determine the Liable Party
Sometimes this will be straightforward, but other times it can get complicated. For example, you got invited to your neighbor’s celebration and you slipped on a puddle in their backyard. If your neighbor owns the land, then he should shoulder the responsibility for what transpired. On the other hand, this might be a totally different case if you were shopping at a store and slipped due to a slippery floor. The store owner might not actually own the land, but just rents it, or the store could be owned by a big corporation that has multiple branches across the country. It can be difficult to determine who to sue.
Establish Their Obligation
You need to establish that the defendant has an obligation to keep you safe. If you were invited for a celebration like the example above, then the property owner (your neighbor) actually wanted you there. He is obliged to keep the guest safe while under his care. The same might not be true if a trespasser was injured while attending the party since he is not welcome there. As for commercial properties, their doors are usually open to people while they are doing business. Stores should keep their customers safe while shopping on their premises.
Prove Their Negligence
Injured persons will then have to prove that the property owner was negligent in his duty to ensure his safety as a guest. The help of an injury lawyer in Baton Rouge will be invaluable in building a strong case and ensuring that proper compensation is obtained in court.