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Proving Fault in a Slip & Fall Accident

After suffering from a slip & fall accident, the injured victim will need to prove liability of the property owner in order to receive compensation. A property owner is not always responsible for a slip and fall. Things fall or spill on the ground frequently and cannot be expected to always immediately clean up a spill. Another way a property owner may not be held responsible is if the slip was something that an "ordinary" person would anticipate and avoid.

While property owners are responsible for maintaining a safe environment on their grounds, visitors are also obligated to watch where they are going. The way to prove fault in a slip & fall accident is to determine who is liable. To do so, team up with a New Hampshire personal injury attorney from Mulvey, Cornell & Mulvey. We may be able to help you fight for compensation from the property owner.

The most common occurrence that makes property owners liable is if the owner or employee should have known about the dangerous surface conditions, because a "reasonable" person in charge of property would have noticed and fixed the problem. This would show negligence of the property owner and allow the injured victim to be compensated for their injuries. Other ways the property owner can be held responsible is if the owner or an employee caused the spill or if they knew about the spill and did not clean it up. In order to help in your case, be sure to preserve evidence after suffering from a slip & fall. This entails:

  • Taking pictures of the scene, including the floor and the substance that caused the slip
  • Take samples of the substance if possible
  • Make sure there is a written report from the property owner, then keep a copy of the report for your records
  • Seek medical attention so that your injuries are on record
  • Keep the clothes and shoes you were wearing in a sealed zip lock bag in case there are traces of the substance on them

Some defenses that property owners tend to make after a slip & fall accident involve the victim being careless. They often try to prove that you should have anticipated the dangerous condition by comparing you to another "reasonable" person. Also, they will look into your reasoning for being on the premises. Should they have expected you to be there? They may try to prove that they had a warning or barrier around the dangerous area, this is where pictures of the premises help. Lastly, they may claim that you were acting carelessly and acting in a way that contributed to your fall such as texting or skipping around pool edges. Contact a New Hampshire personal injury lawyer from our firm for help proving liability in your case! We may be able to build a strong case for you and help you hold the negligent party responsible for your injuries!

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