If someone has been hurt on your commercial property during a slip-and-fall accident, then they have the right to a jury trial. During the trial, they must prove at least three statements are factual.
1- The Sued Party Ignored the Duty of Care
The primary obligation the plaintiff must establish in their case against you is that you were responsible for maintaining the area where the accident occurred in a safe manner. Duty of Care can be attributed to the building owner, the company, or the person leasing the building, depending on the circumstances. Duty of care can extend to many entities. For example, it may include the property owner who must maintain a safe building and parking situation. It may also include the business owner and his employees who are responsible for maintaining a safe shopping environment. The person involved in the accident also has a duty-of-care obligation not to act in an unresponsible manner.
2- The Sued Party Was Neglectful
The second aspect that the injured party must prove is that you neglected your responsibilities. For instance, in a grocery store scenario, if an employee fails to clean up a spilled soda and a customer slips, the grocery chain is held accountable for not ensuring regular checks for spills and prompt clean-up. This can get tricky at times. For example, if the business leases a property, the owner may be negligent if the accident happened outside. If it happened inside, then the company may be responsible. Working with a competent lawyer can help determine who must be sued for the accident.
3- The Injured Person Had Damages
The third thing that a person bringing a slip-and-fall injury to court is that there are damages. Imagine a child falls, hops up, and runs to get a hug from Mom without any injuries. Then, there is no damage, but if the kid breaks his arm in the accident or the parent decides to get them checked out at an urgent-care clinic, there is damage. The amount given by the court may extend to loss of wages or pain and suffering. Many slip-and-fall accidents settle outside of a jury trial, which can be a good thing because juries often feel sympathetic toward the injured party. Therefore, you need a competent personal injury lawyer who will fight to get you out of the situation with minimal damages.
When someone chooses to sue you for an accident on your property, you need a great lawyer. They can investigate what happened and who bears the ultimate responsibility. In addition, they can help property owners determine if they are responsible for keeping the area safe. While many businesses and property owners carry liability insurance for slip-and-fall accidents, relying on the insurance company to decide may increase your rates. Therefore, talking to a lawyer with experience about what happened is always a good idea. Look for one that is a great negotiator as you want to win your case and a soft lawyer may cost you more money as damages are figured.
