Factors Considered When Determining Liability in a Slip and Fall Minnesota Case
Provided by HG.org
When slip and fall incidents occur within Minnesota, it is important for the victim to know what factors are considered for liability. Through these elements in the case, it may be possible to acquire compensation after injuries are the result of these accidents.
Slip and fall situations are severe when the person that has fallen is old, or the fall occurred with a certain part of the body. Another factor in injury is the height any objects or sharp surfaces that the victim fell on. Additionally, there are other elements of the case to determine if the liable party is the employer, a third-party vendor or someone else. After establishing who is responsible, it is often possible to seek compensation through a court case or a settlement negotiation between lawyers. However, all factors must be discovered to increase the strength of the case so that the victim is on solid ground to seek enough compensation to recover fully.
Specific Minnesota laws apply to these cases when they arise within local geographical boundaries. The victim should be aware of these when pursuing his or her claim. After the extent of the injury has been determined, the injured should obtain copies of medical documentation. Then, he or she may find that there is enough based on the incident and damage to seek compensation through a claim. The scene should be examined, photographs taken an all aspects recorded to the best of the victimís ability so that evidence is gathered completely through his or her investigation. Then, the lawyer may have additional tasks to follow.
The First Processes in a Slip and Fall Incident
To determine liability, it is important to start out with the initial steps. This is determining the severity, degree and effect of the injuries. Even if the doctor has discovered only minor damage, these wounds could have harmed a part of the body that may leave more extensive or lasting harm. Similar issues of the back could lead to temporary or permanent paralysis. Arm or hand injuries could affect motor function and the ability to grasp or hold objects. This often leads to lasting effects that could prevent the injured from keeping or obtaining gainful employment in many different fields. Once every factor has been revealed and assessed fully, the person may proceed to the next step.
Who is at fault is usually the next stage of the process. However, this could include additional factors. Because Minnesota is a comparative fault state in the country, the court or insurance agency determines who is at fault in the incident. An adjuster is assigned to the case, and an agent of the court may be dispatched to investigate. The location of the fall, the conditions of the accident, the time and what the employee or individual was doing at the time the fall or slip occurred all play into who is at fault and how these persons proceed in this investigation.
Factors that Must be Considered
After the initial determination of who is at fault has been started, the case may have no one specific person directly at fault found. At that point, it becomes an issue of negligence. If the property owner or company owner knew of possible dangers around that could have caused a slip or fall, he or she may be liable for damages. If there were one or more areas that could have been slippery, crumbling, needed maintenance or similar problems, the case may revolve around whether the owner had any knowledge of these locations. The more he or she knew, the greater he or she is responsible for those that have been injured through reasonable actions around such areas.
In Minnesota, the injured person may have up to six years to file suit against the company, owner or a third-party when filing a personal injury claim. This is usually provided to ascertain if injuries are to be long-term or if the victim becomes disabled through his or her incident. These circumstances also permit the injured to discover who may be liable based on the accident and all elements of the situation such as property causing the harm or a personís actions or behavior.
Minnesota Personal Injury Lawyer
When someone has been injured in a slip and fall accident in Minnesota, it is important to seek a lawyer versed in personal injuries. This legal representative may assist in determining liability and seeking all possible compensation.
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.