Suppose that you were trying to navigate the stairs at a neighbor’s home. Suppose, too, that some child had left his bicycle on those stairs. Imagine the challenges that you might face. If you tripped on that same bicycle and got hurt, then you might want to file a slip and fall claim. How could you go about taking that step?
First, you would need to learn whether or not the homeowner had purchased homeowner’s insurance.
You could simply ask the same homeowner. Alternately, you could make a claim and see whether or not the claim’s target (the homeowner) had turned that same claim over to an insurance company.
What would you have to prove, in order to win your claim?
Personal injury lawyer in Mississauga knows that you would need to prove that you were injured on the property of the company’s policyholder.
—Your medical records should document the existence of an injury.
—If you had a cell phone with you on the day of the accident, you could snap some pictures of the bicycle, the one placed at a dangerous spot.
—If you had failed to get those sorts of pictures, you could try photographing your injuries. The position of each injury ought to work to confirm your report, about obtaining those injuries by falling over a bike.
What sort of defenses might the defendant’s legal team introduce at a personal injury trial, in response to a slip and fall claim?
In some states the plaintiff in a slip and fall case could have his/her claim weakened by this allegation: The condition that caused the victim to slip and fall was open and obvious. In the imaginary situation that was described above, the bicycle was obvious, although it proved a challenge to someone using the stairs.
The defense team might claim that the plaintiff had chosen to enter a dangerous area. Such behavior would qualify as an act of negligence. Hence, the court could rule that the plaintiff’s actions made him or her liable for shared blame.
The defense team could question the quality and condition of the footwear that had been on the plaintiff’s feet, at the time of the fall. Smart victims make a point of saving their footwear. If a judge or jury were shown a sturdy pair of footwear, then the defense team would have to adopt a different strategy.
If the falling incident had taken place indoors, and the plaintiff had been eying something in the home, instead of checking on what was on the floor, then revelation of that fact could weaken the plaintiff’s case. Of course, the defendant’s lawyers would need to offer some proof, regarding the object on which the plaintiff’s eyes had focused.
