Demonstrating Notice in a Slip and Fall Case
Did you know that after you have been critically injured in an Indiana slip and fall case that there are many different facets of your legal claim that must be triggered immediately? If you wait too long to get support from an experienced premises liability attorney in Indiana, such as Jeff Shaw, you could expose yourself to a number of different problems and challenges that make it difficult, if not impossible, for you to recover the compensation you need.Defining Notice in a Premises Case
You must be able to illustrate notice in a slip and fall accident case, which means that you must be able to show that the responsible party should have known or knew that a dangerous condition existed and that in failing to correct this or to warn you about it, left you to suffer the consequences.Kinds of Notice
One of the most challenging parts of proving a slip and fall injury claim is illustrating whether or not any duty was owed to the injured party. This refers to a term that many attorneys reference as the requirement for notice in these cases. The party that is bringing forth the claim of an injury bears the burden to prove that the owner or manager of the property had constructive or actual notice in order to fix the situation.
Actual notice is much easier for victims to understand. This means that the owner of the property was indeed aware of a potential hazard and did not take the appropriate steps to remove the hazard or to notify you about it. If the accident happened on their property and you can show it was a breach of duty, the doors are open for compensation.
The second type of notice is more challenging to prove in a court of law and requires the experience of a dedicated lawyer. This is known as constructive notice. This is where it falls to the responsibility of the injured victim to show that a reasonable person should have and would have known about the dangerous condition.
You may not be able to prove that the property owner themselves knew about the hazard that caused you to slip and fall and hurt yourself but you might be able to establish that any reasonable person would have. Notice is not always the deciding factor in an Indiana slip and fall case but it is always extremely important, and a knowledgeable premises liability lawyer will be a big asset for you when it comes to obtaining the best possible result from your case and it is worthwhile to consult with an attorney as soon as possible after you have suffered a fall.
Illustrating notice can help to prove your case and enhance the chances of your recovering full and fair compensation for your injuries. If you are unable to demonstrate notice using the evidence you have obtained and the presentation and negotiation tactics of your premises liability lawyer, you will be at a disadvantage when it comes to going to court. Make sure that you consult with an experienced premises liability attorney immediately.