Three Ingredients to a Slip and Fall Case
April 13, 2015
A slip and fall injury is composed of three elements: shoes, floor, and person. What does that mean? An accident can be caused by any of these three factors. The victim themselves, the type of shoe that was being worn, and the condition of the floor that the victim was walking on. These three ingredients need to be examined thoroughly with a personal injury lawyer to make sure that none of those ingredients affect a victim’s claim.
Insurance companies aim to show how the victim played a part in their own accident. They either state how the person was negligent by not being careful or how they failed to notice an obvious hazard. Things like disregarding wet floor signs, and running in a store, are reasons to put the blame on the person, rather than the property owner. The credibility of the victim is the most important thing to the jury because more than likely the victim was alone when the incident occurred. If the insurance lawyer is able to ruin the victim’s credibility, then the jury might consider the person responsible for their own injuries. When this occurs, the amount of money that the injured person would receive would not be as much as if they wouldn’t have had any fault in their own accident. This can sometimes be difficult for the insurance lawyers to prove because when someone goes into a store, they shouldn’t have to be looking at the floor at all times because they are there to buy products that are on display, not to worry about falling. It is the duty of the store to maintain the location safe.
This ingredient must be evaluated to the fullest extent. Thoroughly examining the surface where the accident took place is vital for the achievement of a solid personal injury case. There are some surfaces that are safe but when they encounter some sort of liquid, they become extremely slippery, while there are other surfaces that lack good traction. Property owners should be aware of these hazards and take the necessary steps to fix the issue. Fixing the hazard can be as simple as using the correct traction paint on the floor. Gathering evidence on the floor where the accident took place can be very valuable for a case. Things like testing the floor where the accident took place and giving those results to the court can help the victim’s case. The victim must perform the test under the same circumstances that their accident occurred.
The insurance company will try to counter the claim by expressing how the victim should have been careful and moved away from whatever hazard was seen on the floor. There are some spills that are not as visible as others. For example, when a floor is white, a spill of milk might not be able to be seen by a person, in contrast to a spill of coffee. The color of the floor would also be relevant in this case.
The term “where the rubber meets the road” takes place in many slip and fall cases. When a shoe is not defective, it should enable the person to be comfortable with every step they take while maintaining their balance. The shoe should have adequate traction on normal surfaces. When a surface is slippery, then it is understandable that a person may slip if their shoes were not made to be slip-resistant. Every shoe is different in regard to their stability and grip. When comparing running shoes against a stiletto, the obvious more stable shoe would be the running footwear. Regardless of which shoe is being used, the footwear must provide safety for regular surfaces like carpets or well-maintained surfaces.
Miami Highly Trained Slip and Fall Attorneys
If a victim has suffered a grave accident resulting in injuries, they must seek the legal assistance of a skillful slip and fall attorney from Oberg Law Office.