The burden of proof is a term used as information in a slip and fall accident. After these accidents occur, injured victims may wish to seek liability on behalf of the property owner. To build their case, they must establish the burden of proof. This means that they have to prove that the owner of the property acted negligently by failing to provide a safe premises. If the property owner knew or should have reasonably known about the hazard present, then this can show that they were negligent. To file a lawsuit against a commercial property owner or private owner, the victim of a slip and fall accident must file it within three years of the accident. If the owner was of a municipal property, there must be a notice of claim within a year, stating that the individual will take legal action.
What can cause sidewalk slip and fall accidents?
Sidewalk accidents can happen due to a variety of factors that are present on these surfaces. This can include loose debris, hazardous materials and surface problems. These surfaces can become uneven due to these hazards. Weather conditions can also influence the safety of the sidewalk. Snow or ice can cause the sidewalks to become slippery and people can lose their footing quite easily. When weather conditions are involved in the accident, it can become more complicated. Weather conditions need to be addressed within an allotted time after a storm. If you took the risk and used the sidewalk before this period of time, then you may not be able to seek negligence on behalf of another party.
Who can I hold responsible for my slip and fall accident?
For most sidewalks, they are the responsibility of the adjacent property owner. This means that usually store owners are responsible for clearing hazards on the sidewalk outside of their store. Property owners can include private citizens, a commercial property or municipality. When individuals fall victim to an incident on a sidewalk, they will have to prove negligence on behalf of the property owners. They can show that these individuals were supposed to keep a safe premises for pedestrians.
Decker, Tychostup & Friedman, LLC is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Decker, Tychostup & Friedman, LLC to schedule a consultation.