Imagine slipping and falling on the property of someone else. The results are quite unpleasant – you’ve broken your hand and you suffered a serious blow to your head. You spend a few days at a hospital and then you are prevented from working with the same efficiency, hence – salary cutbacks. Can you go after the owner of the premise that you slipped on to recover compensation? This is a very important question and we need to examine the slip and fall institute more closely.
Basics of negligence
There are a few things that you need to do in order to conveniently win a case of slip and fall. You need to make sure that you’ve proven the negligence of the property owner. There are different things that you have to account for but in general, the negligence actually means that the owner of the premise has failed to exercise the reasonable amount of care or he has done something wrong.
Just because you have slipped and fallen on a premise owned by a third party, this doesn’t really mean that the latter was negligent. And, on the other hand, just because the property might have been in a condition that’s unsafe, it doesn’t really mean that the owner was negligent.
Law and the burden of proof
One of the things that you would have to take into account is the institute of the comparative negligence. This has to do with whether or not the injured person was actually negligent in regard with the accident. It is called comparative because when the evidence is weighed in, it would stack the negligence of the owner and the one of the claimant as well.
This is a defense which is actually established by the defendant. To put it in other words, the person who is actually being sued is required to show that the claimant was negligent as well. The plaintiff himself does not need to prove whether or not he was negligent. This means that the burden or the onus of proof when it comes to comparative negligence is on the defendant.
In other words, this is a defense technique. This is why it is important to rely on professional injury lawyers in Stouffville, who have the necessary experience when it comes to handling personal injury claims. This is going to ensure that you get the proper legal representation, should you be on the defendant’s position. This might save you quite a lot of money when it comes to it. This is also going to ensure that you receive an appropriate defense and that your rights are properly defended – this is of serious importance and you should most definitely account for it.