In a slip-and-fall accident, the person who suffered the injury (the plaintiff) must prove that the property owner (the defendant) was at fault in order to recover damages. The plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant breached this duty of care, and that the breach of duty caused the plaintiff’s injuries.
The plaintiff must demonstrate that the defendant had a legal obligation to maintain safe conditions on the property in order to establish that the defendant owed a duty of care. This obligation may be based on the relationship between the parties (for instance, the defendant is a landlord and the plaintiff is a tenant) or on the fact that the defendant invited the plaintiff onto the property (for example, as a customer in a store).
The plaintiff must also demonstrate that the defendant failed to take reasonable steps to prevent or fix a dangerous condition on the property in order to establish that the defendant violated this duty of care. This could include failing to clean up a spill, repairing a broken step, or warning visitors about a potential hazard.
Finally, the plaintiff must show that the defendant’s breach of duty caused the plaintiff’s injuries. This means that the plaintiff must show that the dangerous condition on the property directly led to the accident and the resulting injuries. It is important to note that the plaintiff has a responsibility to act reasonably and take care of their own safety. If the plaintiff was careless or disregarded an obvious hazard, it may be challenging to prove that the defendant is at fault.
Darfoor Law Firm, will not just represent you but also understand you. We know how painful and difficult what you’re going through is. We want to help, and we care for you.
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