Some codes are mandatory like city and state building codes for a landowner to follow. Some are “suggested” guidelines such as those promulgated by ANSI or ASTM. But all can be used in your slip and fall or trip and fall case to help establish the “standard of care” that the landowner should have been following before you fell or tripped at a business.
Attorney Jeff “JJ” Shaw has over 30+ years of experience in reading and finding these codes. Once located, Attorney Jeff “JJ” Shaw can find the right expert witness to help convince the landowner, its insurance company and defense counsel that guidelines were not followed in your particular case. This helps establish fault or “negligence.”
If you’ve recently been hurt in a slip and fall accident in Indiana, you may be curious about what role building codes might play in the development of a legal case. There may be more than one entity responsible for the injuries you have sustained and gathering the evidence in your legal claim, and presenting it to Shaw Law can help you to prepare a comprehensive and compelling premises liability claim.
We know it’s hard to figure out where to turn; getting help from Shaw Law is the first step on the path to recovery.
Why Building Codes Matter in Some Slip and Fall Claims
Building codes may become an important piece of evidence if you can show that someone’s lack of attention to building codes ultimately caused a dangerous condition on the property that led to you suffering a devastating injury. Building code violations are used in Indiana slip and fall cases to prove that the premises owner is responsible for your trip and fall or slip and fall injuries. You will use this to illustrate that the owner was in some way negligent and breached the duty of care to you and this has illegally caused the injury you have sustained.
Different cities have different codes, which is why it is imperative to schedule a consultation with a lawyer who practices in this field regularly. The set of building codes in your individual area and being able to illustrate that someone engaged in a violation can increase your chances of success in court. The building code violation, however, must be directly related to how the injury occurred. If it was the cause of your injury, then you may be able to argue that the defendant was negligent per say. This means that the defendant was negligent directly by definition and that the defendant is responsible for overcoming this presumption or he or she will lose the case.
Some common building code violations include guide rails, smoke detectors, grout, chimneys and issues with decks and balconies. It is important to present your concerns regarding how the accident occurred and why you believe that this may have a connection to building code violations as soon as possible.
The support of a lawyer goes a long way in illustrating the strength of your case and can help you to avoid many of the most common pitfalls that people experience when they are hurt in a trip and fall accident. The ball is in your court when you have been critically hurt, but your time is best spent attending doctor’s appointments and focusing on recovery and other treatment options.
That’s why you need to leave the management of the legal end of your case to an experienced premises liability attorney. At Shaw Law Offices, it is our goal to help you get back on your feet as soon as possible and to hold the responsible parties accountable so that you can put this unfortunate incident behind you and move on with your life.