Is Liability Theory Considered By Personal Injury Lawyer In St. Catharines In Slip And Fall Cases?

You may slip and fall while walking, especially on someone else premises, as accidents do happen and comes without notice. But that does not take away the pain and sufferings that you have to undergo. Things become even more painful and drastic when you fall and injure yourself for the negligence and carelessness of others. Now, the onlookers as well as the owner of the premises might offer you help and assistance but rest assured no one will admit their fault and pay you for the damages caused. For this you have to prove negligence, if the premises owner and a qualified Personal injury lawyer in St. Catharines can help you in this aspect.

The Liability Theory

The liability of the accident is of the premises owner most of the times, but you will need to prove it by a Personal injury lawyer in St. Catharines. According to the theory, it can be said and proved that the premises owner should have been more responsible. With the maintenance and upkeep of the premises floor, the owner must have been well aware of the looming danger for a long time. Such time may be enough to repair the cause of the accident and due to such negligence the premises owner can be held responsible and liable for the payment of damages.

Proving Negligence And Liability

There are a few factors that are considered by the Personal injury lawyer in St. Catharines during proving negligence and liability of the premises owner. Whether a reasonable has identified and informed the premises owner about the lurking danger and what precautionary measures were taken will come into consideration. Another factor to consider is whether the owner is directly involved in creating such dangerous situation. Such factors and conditions should be reasonably clear and understood to prove negligence. This will establish the fact that the premises owner failed to act sensibly and reasonably to avoid the accident and therefore fail to follow the duty of care.

Time And Reason

The time for which the danger was lurking is also taken into account by the Personal injury lawyer in St. Catharines which should have been enough to take the necessary preventive measures. There might be some valid reason for the existence of such obstacle at the time of the accident which is also to be considered. Other factor that is usually taken into consideration is poor lighting resulting in limited visibility causing the slip and fall. 

The Other Parameters 

There are several other parameters to prove your innocence, and the negligence of the premises owner that caused the slip and fall accident. Contributory and comparative negligence laws are considered during proving innocence and negligence. These laws help in determining the percentage of fault, and accordingly calculate the compensation amount. Other parameters are whether the plaintiff was engaged in any activity to get distracted and notice the hazard. Presence in that location at that time, overlooking the warning signs, can also prove that the plaintiff was also responsible for the accident in parts and therefore should not get the desired and demanded claim amount. Visit Here: GPC Injury Law