To succeed in a trip and fall lawsuit, a person must establish that they were injured because of a dangerous condition that was caused or allowed to persist by the owner, and that the owner knew or should have known about the hazard. This can often be difficult, as it is common for owners to claim that they had no knowledge of a particular condition, such as a liquid on the floor or a leak at a cooler.
Fortunately, if you were injured in one of these scenarios, an experienced slip and fall attorney can help you with proving liability in a Memphis slip and fall accident claim. Contact the Law Office of David E. Gordon today to find out more or to schedule a free consultation.
Identifying the Responsible Parties in a Slip and Fall Incident
Sometimes when trip and slip accidents happen on Memphis public property or in businesses, it can be challenging to figure out who the liable owner is. To find the identity of the responsible party, the first place David will look is the county register’s office. This is the place that records the ownership of every piece of property in an area.
If a restaurant or clothing store is operated on property owned by another individual or company, it is possible that both parties can be held responsible for a person’s injury. However, there is often a contract between the business tenant and the premises owner that spells out which of them takes responsibility for incidents that occur on the property. Sometimes, an injury in the parking lot is the obligation of one company, while an injury inside the building is the responsibility of another.
Details That Can Prove Liability for Injuries
Once the owner or owners are identified, David must demonstrate that they knew or should have known about the dangerous condition to hold them liable. There are a variety of evidence types that can be extremely helpful in these scenarios.
Most commercial establishments now have video surveillance of their entire premises. One way to establish liability is to request a copy of the video. In some instances, the dangerous substance’s source, and how long it had been on the floor, is quickly revealed.
If there is no video, photographs demonstrating the location of the hazard in question can be just as vital. The fact that a dangerous condition exists near the cashier or near the entrance to the store makes it reasonable to assume that the owner knew or should have known about it. Photographs can also demonstrate the degree of danger posed by the hazard. For example, pictures of broken sidewalks can be reviewed by a safety expert to determine whether they fall below the acceptable standard of care.
When there are no videos or photographs to reference, another critical piece of evidence is anything the owner’s employee said at the time of the injury. For example, a worker at a store may have apologized for the condition, explaining that it has been a problem for several days. Any statement along these lines can be used to establish liability for a trip and fall that happens in Memphis.
Reach Out to a Memphis Attorney for Help Proving Liability for Your Slip and Fall Injury
In addition to severe injuries and growing medical debt, tripping and falling can cause feelings of embarrassment and trauma. Successfully proving liability in Memphis slip and fall accident claims can result in injured parties being awarded the compensation they need to recover mentally and physically.
Contact the Law Office of David E. Gordon if you need assistance after suffering harm due to someone else’s negligence.