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If you slip, trip, or fall on someone else's property and become injured, you may be entitled to damages. In order to prove fault of the owner of the premises, the following must be proven:
First, the plaintiff (injured party) had injuries, damages, and losses.
Second, either of these conditions must have occurred: (1) the owner of the property or an employee failed to use reasonable care with respect to a danger on the property which the owner created and the owner knew about before the person was injured, or (2) the owner failed to use reasonable care to warn of a danger on the property which the owner didn't create but which there was knowledge, and the danger was not ordinarily present on the property of the type involved in the case;
Third, the defendant’s failure was a cause of the person’s injuries, damages and losses.
Comparative Negligence
If you fall and become injured, you must consider the extent to which you are responsible for the accident. You should ask yourself some baseline questions to determine whether or not you have a case:
Would a careful person have noticed the hazard and avoided it?
Were there any posted warnings about the condition of the area?
Were you distracted, running, jumping, or acting in a way that would make a fall more likely?
If you believe you have a case,
contact Manuel and set up an appointment for a free consultation. |