A slip and fall lawyer files slip and fall tort-based claims for victims (plaintiffs) who slip and fall due to the negligence of the property owner for allowing a dangerous condition to exist on the property. To prevail in a slip and fall case, plaintiff must show that a dangerous condition existed on the property due to the owner acting or failing to act, causing the harm. That is, the property owner had a duty to protect the plaintiff on the property and failed to do so, resulting in the plaintiff getting injured. For instance, a property owner may use a wet floor sign to warn people about a wet floor to avoid being charged with negligence by warning of the danger.
What is the Burden of Proof?
Fortunately for a slip and fall lawyer, the plaintiff suffering from a slip and fall case has a lower burden of proof in a civil lawsuit, showing by a preponderance of evidence rather than the higher beyond a reasonable doubt standard used in many criminal matters. For preponderance of evidence, the slip and fall attorney must show that it is more likely to be true that the property owner failed to keep the property safe from a slip and fall. That is, there is more than 50% chance that the property owner failed to keep the property safe from the slip and fall.
Does the Property Owner Have Any Defenses?
A property owner can argue that either the property owner was not negligent or that the person injured was at fault. To show he was not negligent, the owner may claim that the plaintiff slipped on something that was recently dropped on the floor by another patron and that the property owner did not have time to discover and mitigate the danger even with reasonable care. To claim that the plaintiff was at fault, the property owner may argue that a reasonable person would have noticed the item on the floor and taken steps to avoid slipping on the item.
What Damages Can I be Reimbursed from?
Because of a general view that the person injured is at least a part at fault, the damages for a slip and fall injury is worth less than other tort claims, such as auto accident, car accidents, dog bites, wrongful death, etc. The damages are usually money paid to the plaintiff to compensate the plaintiff for loss or injury. So a plaintiff who successfully wins a case may be reimbursed for physical, emotional, and economic damages.
5 Common Mistakes People Make in Divorce
As a divorce attorney in Utah, I’ve found 5 common mistakes people make in divorce:
- Going it alone
- Telephone Game
- Telephone Game 2
I would like to elaborate as to why these 5 common mistakes create issues that can make the divorce process even more complicated.
1) REVENGE – Going through a divorce, especially when the other party’s actions led to the divorce, is difficult. Wanting to get revenge or be vindicated as part of the divorce process usually only hurts yourself.
2) GOING IT ALONE – Oftentimes people believe that doing the divorce without attorneys will save money. Although being unrepresented might save you money in the short term, parties frequently make mistakes that end up costing them much more in long run. A competent attorney can help clients create workable and comprehensive agreements that will reduce future conflicts.
3) TELEPHONE GAME – Everyone knows someone that has been through a divorce and is eager to share information with you. Someone’s cousin’s best friend got a certain result, so that must apply to your case, too. Just like messages get muddled in the telephone game, these stories are not reliable. Every divorce is different and an attorney can give you the best information about the law and what outcomes to expect.
4) TELEPHONE GAME 2 – Frequently parties make the mistake of believing their spouse’s version of what’s going to happen. “You better agree to the joint custody I am offering because if we go to court I will get full custody.” You are getting divorced for a reason and taking legal advice from the other person in the case is never a good idea. Again, consult with a competent attorney who can help you understand the law and how it applies to you.
5) DESPAIR – Going through a divorce is emotionally difficult. Let an attorney help you deal with the legal aspect, so you can focus on the emotional battle with more strength. Also, don’t be ashamed to talk to a qualified counselor who can help with this emotional journey.
Free Initial Consultation with Slip and Fall Lawyer
If you’ve been injured in a Slip and Fall, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506