subject: How A Slip And Fall Attorney Proves Fault [print this page] Is it possible for a slip and fall attorney to show that one person or one entity was negligent? Once that is established, how hard is it to prove that the negligence caused another person's accident? You can probably imagine the difficulty in establishing negligence and blame and therefore proving that someone was at fault. It takes a lot of research and the collection of plenty of evidence.
Company's Actual or Constructive Knowledge of the Substance or Item
A slip and fall attorney must start out by proving that a manager or store owner had knowledge that there was some type of problem that could be hazardous to another person. Sometimes this is difficult to prove. For example, if there is an issue on the floor, like spilled milk, the lawyer needs to show that someone in charge knew about it and did nothing to remedy the situation. The law is not always specific or clear in these areas. There is no set time limit that a person has to address these types of issues and it is not always clear whether or not a person knew about spill or substance that caused a person to injure him or herself.
Often a slip and fall attorney will look back through a store's inspection sheets to see if someone realized there was a problem and did nothing about it. A lawyer may also want to go through any type of written communication that took place between the manager and the employees about the spill or substance on the floor. Interviews with the employees can also show that something that should have been done about the issue.
Injured Person's Lack of Knowledge of the Substance or Item
A slip and fall attorney must also show that his or her client had no knowledge of the substance or item that caused the injury. For example, a person that walks into a large display filled with different grocery items may not have a case. The individual should have been able to see it and avoid tripping over it if possible. If a person is not looking at his or her feet while walking, it is not the store's responsibility. This is especially valid under the Open and Obvious Doctrine. It is pretty much self-explanatory.
There is a large amount of evidence that can be collected to show that a person did not have any knowledge of the issue they were getting themselves into. A slip and fall attorney may be able to look through video from the store, interview other customers that were at the store on the day of the incident. All of this research is presented during the case to prove that a person was injured because of someone else's negligence.
