Contrary to the thinking of the victim of a slip and fall incident, the occupier does not always deserve to become the target of a personal injury claim. Some occupiers can present a winning defense, when faced with the prospect of being held liable for the injuries caused by such an incident.
Defenses used successfully by the occupier of a property where someone slipped and fell
Victim could provide no proof of the obstruction or the unreasonable condition that caused the victim’s feet to slip. No pictures were taken, or the pictures were not taken until several weeks after the photographed object had caused the slipping, which led to the fall.
No proof that the object or condition that caused the fall should be pointed to as something that had created an unreasonable situation. That could certainly be a valid defense, if the incident occurred in a home with a specific floor structure, and that particular home was in a development where other homes had the same sort of structure.
Eye witness testimony can prove invaluable. In the absence of such testimony, the victim does not have a strong case. Consequently, the victim’s lawyer would find it hard to present a convincing argument. Moreover, witnesses might feel reluctant to support a victim that had failed to pay close attention to where he or she was going, when other guests managed to be more alert.
Not all victims of an accident follow-through with carrying out their responsibility. Someone that has been injured in a slip and fall incident is expected to send a notice to the occupier of the property where the condition that allegedly caused the slipping existed. The occupier should receive that notice before the end of the limitation period.
If the occupier was renting the occupied space, and the landlord had ordered a certain construction project, then that might have created a defense. It could be that the construction workers had left some object in an unsafe location. Hence, it would not seem fair to hold the occupier liable.
If the occupier were to be held liable for any injuries, it would be legally right for the person held liable to sue the construction crew. Construction workers have a duty to clean-up carefully, after their workday has ended, even if they must do more work the next day.Failure to carry-out an expected duty qualifies as negligence. A victim of negligence has the right to file a personal injury claim and to hire a personal injury lawyer. Personal Injury Lawyer in Oakville that specialize in injuries that were caused by an accident have become familiar with the sorts of defenses that might be used by an occupier or a property owner.