Essential Tips from an Expert Witness in a Slip, Trip and Fall Case
Injuries and cases of slips, trips and falls are prominent in certain industries and with the elderly. It is important to understand how to avoid these complications, and why those harmed in the process need certain compensation. Many slips and trips occur in building with floor hazards, but these may occur at home due to wires, carpets and obstacles.
Falls usually require stairs or one area that is higher than another. Falls frequently cause the same amount of damage in the general individual affected, but older persons may find more harm sustained due to a body that is more fragile.
Many expert witnesses are available to provide tips about how to avoid these hazards, what to look for and why it is important to do so when the danger exists. When it applies to a case where someone was already harmed, these tips may be to relate the incident to the jury or judge for a more informed judgment when deliberating. Some tips may be about building codes, design flaws in a structure or improperly placed items. It may be important to note how certain falls from a particular height cause more damage than a simple slip or trip.
What Happened?With slips, falls and trips, it is important to know what happened and if the problem is a danger to everyone or just the individual that was injured. If it is repeatable or reasonable for someone else to become harmed in the same manner, it is vital that the problem is dealt with. These factors are also considered in the favor of the victim. If there was a duty of care owed to the person, then it must be established that the duty was breached and this breached led to the disaster. The sequence of events is crucial for the plaintiff in determining relevant factors for compensation to be awarded.
Other considerations may include if the company, building or organization was up to compliance with the standard safety protocols necessary for the structure or land. Other elements often relevant to the case with the property include the relationship the owner and the victim have with the location. This means if there was a known danger that was not remedied or quarantined, the plaintiff may be owed damages due to the injuries he or she suffered from the incident. In most cases where the sequence of events may be measured, an expert witness is needed to reconstruct them to relay to the judge or jury how the person became injured and why.
Expert Witness Tying the Elements TogetherTips on slips, falls and trips are essential in understanding how to tie the elements together. It is usually the expert witness that is capable of doing this. One such recommendation is knowing where the incident took place. This means understanding the location, the company, the local and state regulations and any codes or violations the area experienced prior to the accident. It is imperative to know the property type, dates of construction or changes to the office, if there are obstacles usually in place, the date of the incident in connection to any other incidents and similar concerns. It is possible the management of the location was aware of potential risks that may incur an injury. These situations often leave the company or organization open to liability.
State, local and city regulations may also affect certain aspects of a case. This may be through yearly or monthly standards, safety protocols and violations to codes. It may become important to discover if a different or accident prone substance was used on the ground or floor. The expert witness is often best at revealing these tips and considerations that are relevant to the case as well as explaining to the client what should be observed and looked for in these situations. Falls, slips and trips often do not occur without some sort of trigger. This could be an event, a place or an item. In some instances, a person may have caused the problem through negligence or intentionally.
Expert Witness Essential UseOther than explaining to a client what to check and remember about the incident, he or she is able to detail to the judge or jury how these factors and events connect to the injuries and other issues. Trips, slips and falls usually require an external force to harm someone. When this is due to the negligent actions of persons or the unmaintained property, an expert witness in these matters is best hired to increase the chances of a successful claim.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.