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Proving Fault in a Slip and Fall Claim


After suffering injuries from an accident, your first question may be “who’s responsible?” These types of cases are hardly ever cut-and-dry, and there are a wide range of factors that are considered before determining liability. In this blog, our Charleston personal injury attorney explains what proving fault in a slip and fall case entails.

Did the property owner act “reasonable”?

Determining negligence and fault in a slip and fall claim will usually depend heavily on whether the property owner acted in a way that is considered reasonable. The law requires property owners to maintain their property to the same level a reasonable person would under the same circumstances. Does the owner regularly inspect property conditions? Was the property’s dangerous condition present for a prolonged period of time? These are a couple examples of the types of questions that may be asked when determining liability.

The Carelessness Factor

The person or entity that you end up holding responsible for your injuries will likely turn around and try to prove that your own carelessness is to blame for the accident. This is when comparative fault would come into play. During this step in your legal process, you’ll want to ensure your attorney is building a case strong enough to refute claims suggesting that you’re at fault for your own injuries.

You should expect to answer the following questions regarding your claim:

  • What was your reason for being in the area where the accident occurred?
  • Would another person notice the dangerous condition had they been in a similar situation?
  • Did you notice any warning signs?

At Pierce, Sloan, Kennedy & Early LLC, our Charleston personal injury attorneys have the skill necessary to provide the insightful and aggressive legal representation you need after an accident. Our firm operates on a contingency-fee basis, meaning you don’t pay unless we recover for you.

Put some of the nation’s top trial lawyers on your side of the courtroom. Call our firm at (843) 968-0886 today or contact us online to request a free case evaluation.

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