First, hire a Personal Injury Lawyer in St. Catharines. Then get together with that same lawyer and put together the questions that will be asked by those that must decide who should be held responsible for the falling incident that has given rise to the need for a slip and fall claim.
Who can be held liable?
• Was the same person negligent? The answer should be “yes.” A court will not hold someone liable unless there is evidenced that the same person has been negligent. Moreover, that negligence must have caused the accident that gave rise to the plaintiff’s claim.
• Was there a dangerous condition present, one that the property owner should have recognized?
• Why did that dangerous condition exist?
• Had the property owner introduced a hazardous object into the spot where the victim fell down?
• If the property owner had introduced such an object, then certain other questions ought to be asked.
What was the reason for introduction of that hazardous object?
• Had it been there for some time?
• Did the property owner make a point of checking for possible hazards?
• Did the property owner monitor the actions of employees, if something had been spilled onto the floor?
• After a study has been made of the answers to the above questions, it becomes time to study the actions of the plaintiff (the injured victim).
Here are the types of questions that should be asked
• Did the plaintiff engage in any type of dangerous activity?
• Had the plaintiff been granted lawful access to the spot where he or she fell down?
• Had the plaintiff chosen to ignore any posted warning signs?
Why is it necessary to come up with questions about the actions taken by the plaintiff? That particular step has to be pursued because of an action that might be taken by the defendant. If the defendant gets asked to compensate the injured victim, then he or she might seek to show that the plaintiff’s actions helped to create a situation in which someone was likely to fall.
This would be a time when the plaintiff’s lawyer should learn all about any medical conditions that could make it difficult for a person to walk over level ground. Did the person that fell down have Type II diabetes? Had he or she been complaining about nerve pain in the feet?
Had that same person recently paid a visit to a podiatrist? If so, what was its purpose?
Had the person making the personal injury claim recently purchased a new pair of shoes? Had he or she been walking in those shoes for several days, before the falling incident took place? If the shoes were old, had they been given any form of support?
6 thoughts to “Approach To Take If Making A Slip And Fall Claim”
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