It is most difficult to prove in a court of law because of the ‘should have known’ factor, but it is usually the commonest situation. The guilt of the property owner or employee is determined by the jury and judge on the basis of whether the accused took sufficient remedial actions to keep his property safe or whether the actions taken by him were indeed reasonable, fair and prompt.
The next difficulty lies with proving what is ‘reasonable’ in the eyes of the law. Was the potential hazard been in that place for so long that it could not have missed the eyes of the employee or the property owner? Does the property owner maintain, repair, clean and examine his premises on a regular basis? Can he furnish acceptable proof of these maintenance activities that he supposedly undertakes?
Did broken or poor lighting cause the accident? Were there legitimate reasons for the object to be lying in the path of the victim? Could the property owner place a simple warning sign or barrier sign to inform unsuspecting people about the hazard, but chose not to?
If the answers to the above questions are mostly in favour of the victim, the latter is legally entitled to claiming financial damages and monetary compensation.
Hiring Compensation Lawyers
It is very difficult to prove the accused’s negligence in a slip and fall injury lawsuit, which is why, you are advised to hire reputable and experienced Compensation Lawyer Sydney for recovering damages and proving guilt.