A slip and fall lawyer files slip and fall tort-based claims for victims (plaintiffs) who slip and fall due to the negligence of the property owner for allowing a dangerous condition to exist on the property. To prevail in a slip and fall case, plaintiff must show that a dangerous condition existed on the property due to the owner acting or failing to act, causing the harm. That is, the property owner had a duty to protect the plaintiff on the property and failed to do so, resulting in the plaintiff getting injured. For instance, a property owner may use a wet floor sign to warn people about a wet floor to avoid being charged with negligence by warning of the danger.
What is the Burden of Proof?
Fortunately for a slip and fall lawyer, the plaintiff suffering from a slip and fall case has a lower burden of proof in a civil lawsuit, showing by a preponderance of evidence rather than the higher beyond a reasonable doubt standard used in many criminal matters. For preponderance of evidence, the slip and fall attorney must show that it is more likely to be true that the property owner failed to keep the property safe from a slip and fall. That is, there is more than 50% chance that the property owner failed to keep the property safe from the slip and fall.
Does the Property Owner Have Any Defenses?
A property owner can argue that either the property owner was not negligent or that the person injured was at fault. To show he was not negligent, the owner may claim that the plaintiff slipped on something that was recently dropped on the floor by another patron and that the property owner did not have time to discover and mitigate the danger even with reasonable care. To claim that the plaintiff was at fault, the property owner may argue that a reasonable person would have noticed the item on the floor and taken steps to avoid slipping on the item.
What Damages Can I be Reimbursed from?
Because of a general view that the person injured is at least a part at fault, the damages for a slip and fall injury is worth less than other tort claims, such as auto accident, car accidents, dog bites, wrongful death, etc. The damages are usually money paid to the plaintiff to compensate the plaintiff for loss or injury. So a plaintiff who successfully wins a case may be reimbursed for physical, emotional, and economic damages.
Contact a Slip and Fall Lawyer
Contact a Slip and fall Lawyer Utah team member at PEARSON BUTLER Law. Our Utah personal injury lawyer team has represented many clients on a variety of personal injury matters, including slip and fall. Call a Slip and fall Lawyer Utah team member at (801) 495-4104.