When a person slips and falls as the result of someone else’s negligence, the burden of proof is on the victim—or the victim’s representation. To prove that a business, property owner, private citizen, or the state is responsible for your slip and fall injury, you need evidence of the following points:
- The property owner or maintenance manager had an obligation to maintain safe conditions on the property
- The property owner knew at the time of the accident that there were unsafe conditions and still failed to repair them
- The property owner knew or could have reasonably known about the unsafe conditions on the property
However, even if you can prove the above, the legal status of the victim can be called into question. The three types of legal visitor status are:
- Invitee – This type of visitor was invited onto the property to conduct business or had the expressed permission of the landlord to be on the property for lawful business purposes.
- Licensee – This type of visitor is someone invited onto the property for non-business purposes.
- Trespasser – This type of visitor does not have permission to be on the property and is not subject to the same protections as the other two types of visitors.
Every slip and fall accident case is different. Because there are so many factors at play and the burden of proof rests on the victim, it is imperative that anyone who suspects they have sustained personal injury as a result of the property owner’s negligence, contact a lawyer immediately. Retain all pertinent documents, such as the accident report, hospital bills, medical records, and witness statements to aid in your case.
Don’t wait. The longer you wait to contact one of our attorneys, the harder your case is to prove. The statute of limitations may run out. Your expenses may become too high. At DAME Legal, we will fight to win you the justice you deserve.
If you live in the greater New Jersey area or the New York metropolitan area, our partners at DAME Legal can help you overcome this difficult part of your life with relative ease. Give us a call at 201-968-5800 or fill out our contact form on our site to begin the process.