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One of the most vital elements in any personal injury case is establishing the defendant's negligence. To be liable for your injury, the defendant must have had a legal obligation to exercise care, which they then failed to meet. In slip and fall cases, this usually means the defendant has not properly maintained the property where the accident occurred. Personal injury attorney Steven P. Ciardiello, Esq. in Hamden, CT, recommends keeping these points in mind as you prepare your case.

Proving Fault in a Slip & Fall Case

1. Collect Evidence

Personal InjuryAs soon as possible after your accident, you should revisit the site of your slip and fall to document the conditions that caused it. This can include sloped floors, slippery surfaces, untreated ice, uneven stairs, or any other factor that could contribute to a trip or a slip. Documenting these conditions immediately prevents the property owner from making changes that might obscure your case.

2. Determine Legal Responsibility

Businesses and homes, including yards and parking lots, are required by law to meet basic safety requirements. In general, the property owner or legal tenant is the person responsible for ensuring safe conditions for visitors. Occasionally, it may be unclear who is ultimately liable. Talk to your attorney to be sure your suit is filed against the correct person or business.

3. Apply Reasonable Person Standard

Keep in mind that the defendant is not liable to foresee every possible circumstance and prevent every injury. Instead, they will be held to the standard of a reasonable person in their situation. Measures like repairing damaged stairs, salting pavement, and warning visitors of wet floors are generally held to be reasonable requirements. Anticipating that an ordinary household object may cause an injury under just the right circumstances is not a reasonable requirement.

If you aren't sure whether you can prove fault in your personal injury case, consult with Steven P. Ciardiello, Esq. To arrange a consultation, contact his office at (203) 248-8000 or reach out online.

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