It is one thing to believe that a property owner was aware of the safety hazard that contributed to your slip and fall accident. But it is another thing to prove this as true in your claim proceedings. Follow along to find out how you can prove a property owner was aware of a safety hazard on their premises and how a proficient Toronto slip and fall lawyer at Merricks Law Group, P.A. can assist you in doing so.
What do I need to prove in my slip and fall accident claim?
As a plaintiff in a slip and fall accident claim, you hold a burden of proof. Meaning, you must collect a sufficient amount of evidence that ties your injuries and damages directly to the negligence of a property owner. With this evidence, you must prove the following set of circumstances as true:
- You must prove that you were a welcomed visitor on a property owner’s premises, so they therefore owed you a duty of care.
- You must prove that a property owner knew or should have reasonably known about a safety hazard on their premises.
- You must prove that a property owner breached their duty of care by failing to promptly rectify the safety hazard.
- You must prove that you encountered the safety hazard on a property owner’s premises.
- You must prove that you ultimately incurred injuries and damages upon encountering the safety hazard.
How do I prove that a property owner was aware of a safety hazard?
Common pieces of proof that may support your claim that you incurred injuries and damages include photos and videos of the scene of your accident; copies of medical documents and bills; quotes for property repairs or replacements; and more. But when it comes to your argument that a property owner was aware of a safety hazard, your evidence should serve the following purposes:
- Your evidence may point to the fact that a property owner was given a reasonable amount of time to identify the safety hazard (i.e., by surveillance camera footage, photos and videos submitted by visitors, etc).
- Your evidence may point to the fact that the safety hazard would have been easily identified by a reasonably careful individual (i.e., by the size and location of the safety hazard).
- Your evidence may point to the fact that the safety hazard was a code violation that would have been easily identified by a reasonably careful property owner (i.e., by education of state safety statutes).
Also worth mentioning is that witness testimonies may help emphasize the fact that a property owner knew about a safety hazard for the days, weeks, or even months leading up to your accident. Such witnesses may include employees of the commercial property or regular customers, among other individuals.
You must take your slip and fall accident claim seriously. So pick up the phone and call a talented Ontario personal injury lawyer today. Someone at Merricks Law Group, P.A. will be happy to answer.