Determining the Level of Fault During a Consultation with a Slip and Fall Accident Lawyer in Whidbey Island WA

by | May 25, 2020 | Lawyer

When an individual wants to obtain a settlement or file a lawsuit in regard to a slip and fall injury, this person legally is the plaintiff. The plaintiff must provide enough evidence that someone else was at fault or the person does not have a good case. When it comes to a slip and fall accident lawyer in Whidbey Island WA, residents can call for a free consultation to find out more about the process.

Opposing Sides

The individual must prove that the property owner, manager, or someone else on the premises was to blame for the incident. The insurer will look for reasons that the injured person was primarily at fault. If witnesses state the person was acting carelessly, the insurer may deny the claim.

Examples of Careless Behavior

Running through a building, jogging down a stairway, or staring down at a mobile phone while walking are examples that can be viewed as careless behavior. Even if the floor was wet and there was no caution sign in place, the insurer will likely say the person should have seen the water and walked around it. It can be very difficult to prove fault when witnesses report the injured person wasn’t paying attention.

Other Problematic Actions

When it comes to a slip and fall accident lawyer in Whidbey Island WA, residents can explain the situation in detail during the first consultation. In a scenario involving a wet, slippery floor, the attorney will want to know whether there was a yellow warning sign or a barrier intended to steer people away from that area. If the person ignored it and kept going, this severely undermines the case. In a stairway environment, the person might not have been holding onto a handrail that could have prevented the fall, even if the stairs were wet.

Consulting a Lawyer

The best move is to talk with someone at an organization such as the Law Office of Steven R. Smith before saying anything to the insurance company. People tend to offer too much information in an effort to be helpful, but that can cause problems. Visit the website for more information on this particular law firm.

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