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Proving fault in a person injury claim

After an injury happens, you may have a clear recollection of the events, but it could prove to be difficult to convince the courts of where the blame lies.

In order to prove fault in a personal injury claim involving a premises or business, you must be able to prove the following conditions.

The owner knew that there was a danger or risk

If, for example, a customer at a store spills his or her coffee and you immediately slip on the coffee as a result, then there is no way that the business owner could have prevented such a situation. Therefore, in this case, there would not be a viable personal injury claim. However, if the spillage had existed for a considerable amount of time, yet there had been no effort from shop workers to clean it up, then this could qualify as a viable claim as long as the other conditions are fulfilled.

Failure to put right the dangerous condition

If the owner or person responsible knew that there was a dangerous condition, he or she must act in a reasonable time frame to make it safe again. If they do not, this can be considered as negligent behavior.

The condition in question caused the accident

It must be able to be proven that if the condition did not exist, then the accident or injury would never have happened. In other words, it must be proven that the condition caused the injury.

If you have been injured on a commercial property, then it is important that you consider whether your situation fulfills the above criteria before taking action.

Source: FindLaw, "The Small Business Owner and Slip-and-Fall Accidents," accessed Jan. 04, 2018

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