In a slip and fall case, you will need more info to prove your case that the owner of the property was negligent with the property, and your slip occurred because of this negligence. When proving this, the other party may fight you on the case, with the defense that it was your own carelessness that led to your slip and fall. Because of this, you may want to carefully think about and consider the exact nature and events of the fall. As you do this, you can prove you were not careless with the following methods.
Prove You Had a Reason to Be There
One defense that is often used in slip and fall cases is that the person that fell should not have been wherever he or she was. If this was the case, and you were somewhere you should not have been, it might be harder for you to win your case, yet this factor alone will not make it impossible. If you had a legitimate reason to be wherever you were when you slipped and fell, you should make sure you let the defense know this.
For example, if you were walking in someone's garden when the fall took place, because they hired you to take pictures, you could state you had a good reason to be there. If you had not been hired to do this, you would not have fallen. In addition, if the ground was level and even, you also would not have fallen.
Discuss the Caution You Took While You Were There
If you remember details about the event that relate to cautious steps you took to make sure you avoided any types of dangerous areas or uneven ground, tell your lawyer about this. The point of this is to show the other side that you took steps to be safe and cautious while you were there. This can help prove that it was not your carelessness that led to the slip. You may even want to discuss any facts you remember about areas you avoided due to the conditions that appeared too dangerous for you.
For example, if you remember walking around a large hole on the ground, let them know this. This too can show that you took every step necessary to avoid getting injured while you were there.
Talk About any Warnings You Were Given from the Property Owners
If the property owners gave you warnings about the ground being rough, uneven, or dangerous, it could be harder to win your case; yet again, it will not be impossible. It may be easier to win the case if the property owners did not give you any warnings at all.
By not warning you, you may have had no idea how dangerous the ground was in the area you were walking in, and even a careful person could still miss certain hazardous spots. If the owner had warned you more, this accident may not have even occurred. If the owner had warned you and had you sign a release form, it might be even harder for you to fight and win a case like this.
One other important factor to consider in slip and fall cases is that you will need to prove that the owners knew about the dangers with the ground where you fell and did nothing to fix it.
It's really not vital for you to prove that you did all you could do to avoid carelessness and to stay safe, but doing so can be helpful in a slip and fall case. If you recently suffered injuries from an accident like this and are not sure if you should pursue a case against the property owner, talk to a lawyer that specializes in slip and fall cases.