Accidents happen and these result in injuries. There are instances when this could be as a result of negligence, especially when it happens in a public place. If you have been a victim of an injury that was outside your control, then you can seek legal recourse. It is advisable to seek the expertise of a compensation lawyer, or a public liability solicitor. They are well versed with the law, and assist persons who have incurred injuries on public and private properties including: shopping centers, school yards, supermarkets, railway stations, sports courts, cinemas and theatres, hotels, airports, skating rink, boats, buses and construction sites. There are several questions that will help prove liability in your accident claim.
Key Liability Issues
The lawyer of the injured party needs to prove the persons liable for the injury or the hazard that caused the injury. It must also be proved that the responsible parties acted in negligence, and this was what caused the slip or fall. To win a settlement from the responsible party, it must be ascertained that the accident was not as a result of the injured party's carelessness. The injured party must have been complying with the set regulations to avoid the likelihood of an injury.
Proving Liability and Negligence
In the course of the settlement negotiations, the term "reasonable" will come to play. In fact, the word plays a huge role and can break or make the case. In order for the responsible party to be held liable for any damages and injuries, it must be proven that they failed to act in a prudent manner, and did not exercise reasonable care. To ascertain whether the defendant demonstrated reasonable care, the plaintiff will consider the following factors.
- Did the hazardous situation or condition exist for a long period of time such that the owner would have had ample time to take action?
- Did the owner of the property arrange for a routine checkup, to check for any potential hazards? If so, are there records to prove that this was done?
- Is there a possibility that the hazardous conditions would have been lessened if certain preventive measures were out in place, such as moving the hazard to a safer place, making repairs, putting up warning signs or preventing access?
- Was the accident a result of poor lighting which limited visibility?
Based on the above issues that are crucial to proving liability, you stand a better chance of securing a settlement with the help of a lawyer.