Someone who has been the victim at the time when a slip and fall incident has occurred should not have to think twice about filing a personal injury claim. Still, the mere filing of such a claim does not guarantee the winning of an anticipated award. In order to prove a slip and fall case, the victim/plaintiff must show that the surrounding circumstances were beyond the victim’s/plaintiff’s control.
What sorts of situations showcase an environment where an innocent person would be unable to control all circumstances?
A frozen walkway could match the description of such an environment. A pedestrian might not be able to see the existence of the icy surface. Certainly, a pedestrian could not control the actual formation of a patch of ice.
A folded carpet on a floor would create an object that the typical person would not suspect to be there. Hence, a hurried person might trip over the same object. If the folded carpet had been introduced into a situation in which people would be doing vital tasks, it would have created an environment that was beyond the control of those appointed to perform such tasks.
The same line of thinking would highlight the dangers associated with a liquid substance, one that has spread across a floor. Realize that the same substance might be a clear liquid. In that case, no one could control the liquid’s ability to deceive anyone walking on the suddenly dangerous floor.
A stairway without a railing, or one with a poorly-constructed railing would present a risk to the person that chose to use it. How could someone control their need or desire to move from one floor to the next? It seems inevitable for someone living or working in a multi-story building to discover a reason for using the staircase.
Does a party host invite a guest outside, but then disregard the wisdom behind issuing a clear warning about the threshold created by the home’s outdoor porch? Such an oversight could lead to occurrence of a trip and fall incident. Someone approaching the home from the yard could trip on the unmentioned threshold.
How to get evidence of the existence of such a situation?
Pictures function as convincing evidence. Hence, it pays to photograph the site where someone with a personal injury case has fallen. In addition, it helps the Injury Lawyer in Vaughan to speak with witnesses. At the same time, it makes good legal sense to seek immediate medical attention. Such an effort ensures creation of additional evidence, namely a doctor’s report.
Why take the time to obtain such evidence? A claimant that has fallen needs strong evidence, especially if the claimant’s footwear was less than sturdy at the time of the fall.