Determining Constructive Notice with Slip and Fall Accidents

by | Dec 6, 2019 | English | 0 comments

Part of proving negligence after a slip and fall injury involves establishing whether the owner knew about the hazardous conditions that caused your fall. Determining this involves looking at constructive notice versus actual notice. Either one of these factors can help you prove the owner’s negligence. Proving negligence is the first step in obtaining compensation. Working with the right Baton Rouge personal injury lawyer can help you figure out what steps need to be taken to receive compensation for your personal injuries

What is Constructive Notice?

Understanding the difference between actual notice and constructive notice is important for knowing what type of personal injury claim you have. Actual notice means the owner was aware of the hazardous conditions that caused Determining Constructive Notice with Slip and Fall Accidentsyour slip and fall injuries. This type of situation is more straightforward than constructive notice claims. 

Constructive notice means the hazardous conditions that caused your injuries were present long enough to imply that the owner was aware of the hazard. Depending on the hazardous conditions, this may be harder to prove in your personal injury case. A lawyer can help you collect the evidence you need to prove that the owner’s negligence is what led to your injuries. 

Depending on how severe your injuries were, you may be eligible for compensation that covers medical expenses and lost wages. Certain injuries like traumatic brain injuries or spinal cord injuries may also warrant additional compensation for pain and suffering. 

Defective Conditions and Other Negligence Factors

There are other factors that need to be examined when determining negligence. A Defective condition on the owner’s property is one of these factors. Defective conditions are any kind of property factors that contributed to your slip and fall. Common examples of defective property conditions are:

  • Wet floors from puddles or mopping
  • Loose electric cables with no tape
  • Stairway debris
  • Icy conditions commonly found on sidewalks and parking lots
  • Unforeseen objects on the path

Unlevel pathways with sudden drops or holes may also be considered hazardous if no warning signs were present. In some cases, this type of hazardous condition can be considered a trivial defect. When it comes to proving these conditions with evidence, pictures and testimony can be powerful tools. Pictures of the hazardous conditions can serve as ample evidence for what caused your injuries. Medical records can be used to prove what injuries you suffered and how much you lost financially. 

Proving the owner was aware of the hazardous conditions is something a lawyer can help you with. 

Seeking a Personal Injury Attorney in Louisiana 

Trying to prove damages from a slip and fall accident can sometimes be challenging, especially if the owner comes up with arguments against your case. Working with a Louisiana personal injury attorney can help you cover all the evidence and details you need to prove what happened. You may be eligible to receive compensation for lost wages, pain and suffering, and medical bills. 

Do not hesitate to seek the compensation you deserve. Call Rusty Messer & Associates today at (225) 963-9638 for a free case consultation. Our goal is to defend your rights. 

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