Establishing Responsibility in Clearwater Slip and Fall Cases
It is incredibly important to establish responsibility in Clearwater slip and fall cases. After an individual has slipped and fallen, they should collect photographs of the scene, document their injuries, and take note of the footwear they are wearing. If there is a form that can be filled out by a proprietor indicating that an incident occurred, they should have that executed and retain a copy of it. Also, they should get the names of any witnesses if possible.
What the evidence shows may dictate whether a particular party has more or less liability based on a particular set of facts. Once liability is established, a person has an obligation to prove that the damages were sustained because of the negligence of a particular party and their actions. If you have been injured in a slip and fall case, it is pertinent to contact an attorney immediately. An experienced lawyer will be able to help establish who is at fault in a Clearwater slip and fall case, and assist in maximizing potential damages.
An attorney will attempt to prove responsibility in a Clearwater slip and fall case by taking testimony, reviewing evidence, documenting conditions, and by determining based on experience who will be responsible for different types of injuries based on different places. In addition, a person may have to look at lease agreements and maintenance agreements to determine who had liability for what action.
The common defendants in slip and fall cases are the property owner and the person who controls the property, such as the tenant. In some instances, when there are common areas involved, the maintenance team is also included. Maintenance crews are responsible for maintaining the premises.
Role of Witness Testimony
Witness testimony is incredibly important in these cases. It is crucial because it may shed light on the contractual obligations of a particular party. Further, a person may actually give firsthand accounts of the event that transpired that lead to the injury.
After being injured in a slip and fall accident, an individual should immediately seek medical attention and tell any medical providers with specificity the types of injuries that they are experiencing. If those injuries changed, the individual needs to document them and make sure that all medical providers know how the injuries are changing.
In addition, they should keep track of lost hours at work and activities that have to be undertaken by other family members or friends because of their physical inabilities. Further, an individual should keep a copy of all the bills as well.
The recoverable damages may change if an individual has sustained catastrophic injuries simply in their scope, because if an individual has a catastrophic injury they also have the potential for a life care point. In other words, a person may be able to collect for future medical needs and costs that an individual will most likely incur due to the injury sustained.
There is no cap on damages in Clearwater slip and fall cases.
An individual may be entitled to compensatory damages, which include the medical bills that were connected to the accident. They may be able to recover lost wages and the lost ability to earn. One’s spouse may have the right to loss of consortium benefits, and may have the right to collect for pain and suffering.
Punitive damages may also be in play when establishing liability in a Clearwater slip and fall case. Punitive damages are designed to punish a particular defendant. Normally, the only way a person can assert punitive damages in a slip and fall case is if a person can prove that a particular land owner or a controller of a property has knowledge of a particularly dangerous condition and fails to either cure, correct, or notify people of the dangerous state of that condition to the point of a reckless disregard for the safety of others.