Falling is the second leading cause of death in the world and a major cause of injury as well, especially for the elderly. According to NIH statistics, more than 95% of broken hips in senior citizens result from falls. Consequently, slip-and-fall injuries comprise a significant portion of personal injury claims. In order to make a successful claim, a Personal Injury Attorney in Great Falls MT has to prove three things.
Duty of Care
First of all, the attorney has to prove that that the defendant had a duty of care to the plaintiff. A duty of care is a legal responsibility to exercise care toward others and avoid harming them. A duty of care is not an obligation in every relationship; for example, homeowners have only the minimal responsibility of avoiding direct and intentional harm to a trespasser on their property. However, the same homeowners owe a much higher level of care to any person they invite on their property. An attorney can provide evidence to determine if the relationship between the defendant and plaintiff implied a duty of care.
Negligence
Once the duty of care is established, the attorney must then prove that the defendant failed to perform it. In other words, it must be proven that the defendant did not take reasonable action to avoid the plaintiff’s injury. For example, if a customer slips in a puddle of water in a store, the store owner is deemed negligent if they were aware of the puddle and did not attempt to mop it up within a reasonable period of time.
Fault
Finally, the attorney has to prove that the defendant, and not the plaintiff, was responsible for the fall and the injury. In many cases, the claim can be made that the plaintiff’s own actions contributed to the fall. Such actions might include being distracted by a cell phone, ignoring warning signs, or not having permission to be on the property. Some states allow partial recovery of damages if the defendant is judged even 1% responsible.
If your attorney can prove all of the above, you have a good chance of winning your case. For more information about how a Personal Injury Attorney in Great Falls MT can help you, visit Jardine Law.
