How to Prove Fault in a Slip and Fall Personal Injury Claim

While we sometimes view another person who slips and falls as humorous, the injuries resulting from that slip and fall are often anything but funny. A single slip and fall on a slippery floor can result in broken bones and head injuries. If another’s negligence caused the hazard that led to the injured person’s fall, the injured person may have a valid personal injury claim. However, proving liability can be more difficult in a slip and fall case than you might think. This is why you need the experience and assistance of a Wisconsin personal injury lawyer to evaluate your claim.

Proving the fact that there was a dangerous condition in the baking aisle at a grocery store that led to a slip and fall accident is fairly easy. Finding someone to be liable, or financially responsible, is not that simple. In order to recover damages in a slip and fall personal injury claim, you must show that the responsible person or entity knew – or reasonably should have known – of the dangerous condition and either failed to remedy or take steps to remedy it within a reasonable amount of time.

There are two different ways to prove that the property owner or the person or entity in possession of the property had knowledge of the dangerous condition. First, if the owner created the hazard, observed the hazard and/or had been informed of the hazard, he or she clearly had actual knowledge of the dangerous condition. Second, the owner could have constructive knowledge of the hazard if it had been present for so long that he or she had to know or should have known about it. Therefore, you would have to provide evidence showing how long the dangerous condition existed, at least in some cases. For instance, if the owner created the hazardous condition, then the notice requirement is automatically met.

Whether you proceed under a theory of actual knowledge or constructive knowledge, you also will have to prove that the owner or possessor of the property did not take appropriate steps toward remedying the hazard or to reasonably warn people visiting the property of the existence of a hazard.

We are the Wisconsin slip and fall personal injury claim lawyers to whom you always can turn if you or your loved one suffers serious injuries in a slip and fall accident, no matter what the circumstances may be. No matter how complex or difficult your situation may be, the Madison injury attorneys of Boller & Vaughan are here to advocate on behalf of you and your family and hold negligent property owners responsible for any injuries that have occurred. Contact us today for your free consultation.


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