4 Elements Needed To Prove Slip and Fall negligence

You can refer to negligence as a personal injury lawsuit or a personal injury insurance claim; both may just as well be the same thing from a legal point of view. Before you dash off to start filing personal injury lawsuits with your personal injury lawyer or even begin to negotiate with a claims adjuster about that personal injury insurance claim you wish to get, you must first understand a few concepts and consult a slip and fall lawyer Toronto. There are four elements of negligence that you must be aware of and also how they are related to each other.

You cannot just instantly sue someone for falling on their premises. You need to have tangible proof of some four very vital elements in a fall case, slip and fall, and also trip. You should know you do not have any tangible case if you can’t prove every one of these elements.

  • Duty on the part of the defendant: the premises is owned and operated by the defendant.
  • Notice: the defendant knew or had to have known of the factors that could cause any harm to the public.
  • Dangerous condition: the factors that led to the plaintiff’s injury were dangerous, not small defects.
  • Damages: the dangerous conditions led to the injuries suffered by the plaintiff.
  1. Duty

What duty means here is that as the owner of the premises you need to ensure that you address any conditions that can end up causing you or anyone else around the premise or surroundings of your premise any harm. Owned duty comes about as to whether you, as the premise owner, or the occupier of the premise, ought to have had any control of the premise that the accident occurred. In instances where you have more than one owner of the premise, you have to determine who was in charge of the premise at the time of the accident. As the plaintiff, you need to know you cannot win your case if you cannot prove the defendant’s owner duty.

  1. Notice

Another one of the vital issues you need to establish in these types of cases is notice. As the plaintiff, you ought to have your attorney call on experts that can testify to your case, the typical practices like inspection, hazard prevention procedure, and also maintenance. It may be possible for you to prove improper premise management if you have proof that the defendant has deviated from any of these industry practices.

  1. Dangerous condition

As the injured in this case, you now know that a dangerous condition must have existed for you to suffer any injuries. However, you need to prove this fact to stand a chance of winning your lawsuit. As the plaintiff, you have to prove that the defendant knew or had knowledge of the dangerous conditions that led to your injuries but did not take any action about these conditions. As the plaintiff, you need to prove that the conditions were, indeed, dangerous and not some normal minor wear and tear that would otherwise create no potential harm.

  1. Damages

It is not always easy to prove that the injuries you have were as a result of the accident you suffered as a result of someone else’s negligence. You must prove that the injuries you were diagnosed with were caused as a result of the dangerous conditions in the defendant’s premises. Do not brush off your injuries as if nothing happened, instead seek medical attention and take reports of the incident for you may need these when testifying your case.

5 Mind-Blowing Facts About Personal Injury Unknown to Many

You may not be aware of the types of lawsuits involving personal injury. There are, in fact, quite some cases relating to personal injury and can only be handled effectively by a qualified personal injury lawyer Halifax. Many of you may only be aware of one person accusing the other, or a business, of personal injury that may have resulted as a result of negligence of the accused party. Here are some of the facts gathered for you on the matter of personal injury by a qualified personal injury lawyer.

  1. Personal injury lawsuits are different

Usually, you find that a formal injury lawsuit that has been filed involves two parties. One needs to be the plaintiff, who files the case against the defendant, who the lawsuit has been filed. The defendant can be an individual, a business, a corporation, or even some other entity that has caused personal injury to the plaintiff as a result of negligence or other causes. In some cases dealing with personal injury, you may find that more than one party can be involved. You need to be aware that civil court proceedings are the ones that handle personal injury cases and not the criminal courts as they are not criminal offenses. In most cases, you will find that many people file personal injury cases to try and seek some remedies for the damages that they have incurred. In some cases, you find that some disputes involving personal injury can be solved outside of court where the two parties agree that the personal injury indeed occurred as a result of the defendant’s negligence. The two parties can then agree on what measures to take. In most instances, the defendant remedies the plaintiff for any injuries incurred.

  1. Cases can settle early

In cases where both parties, both the defendant and the plaintiff, agree on how to go about the case, the legal process usually settles early. Here, both parties have negotiated to come to some agreement and thus decide to forgo any further action on the case.

  1. There is a time limit

In these types of lawsuits, the plaintiff usually has a limited period to file a case against the defendant. This limited period is called the statute of limitations. The period starts counting down right from the time the personal injury occurs. You need to be aware that every type of personal injury has a different statute of limitation period.

  1. There are statutes

Different laws and statutes surround different types of personal injuries. Take, for example, a personal injury incurred by an elder. This type of personal injury has both federal and state regulations. Many findings that have been filed relating to personal injury have resulted in the writing of many statutes.

  1. There is a discovery process

Both parties involved in the case relating to the personal injury usually are obliged to request documents and information that surround the issues in the case. In most cases, the process is usually lengthy, but still essential if you want to discover any information that surrounds any events concerning the case.

7 Problems to Watch Out for As A Seafarer in A Foreign Country

It is only natural that every maritime professional needs to take to traveling a lot as this will always be one of those necessary occupational requirements of the shipping profession. The life of a maritime professional is ever stressing with all the frequent traveling always to reach destination ports. You will constantly be dealing with new sets of customs, rules, and traditions every time you visit a new country. An immigration lawyer Toronto can offer reliable services if you are a frequent seafarer who loves visiting Canada.

A lack of common sense, as well as the inability to ensure that you take precautionary measures, is perhaps, one of the main reasons why you hear seafarers travel to new countries and join ships. Some of the common problems that you can run into as a seafarer while traveling to a foreign country have been explained below.

1. Loss of important documents

One of the terrifying situations that you can experience in a foreign land is losing your important documents. Official documents act as your identity whenever you are traveling from your native country, and for this reason, they need always to be safe and accessible every time you may need to present them to any authority. In this case, you can take many photocopies of these important documents that you can use if you misplace or lose your original documents. You can file a report to your agent if you lose your documents in a foreign country. Identification documents are important when dealing with the immigration department, especially the Canada immigration officials.

2. Missing flights

There are times when you will have to make a lot of connecting flights to reach your respective ships or when you are trying to return to your homeland. Sometimes you may end up missing your flight due to various reasons. In such a case, you need to contact the respective airport administrations the way forward immediately.

3. Stolen or lost luggage

Stolen or lost luggage is usually a widespread occurrence at the airport that can happen to anyone. If such a thing happens to you, you need to file a complaint with the airport authorities. Doing this helps a lot as the airline can find your luggage for you and delivered to your agent who will then deliver it to you.

4. Security check problem

There are times when you find a seafarer being detained and, in some cases, even jailed for not following the rules and regulations of an airline. These rules apply differently on different countries; individuals with Canadian citizenship will have different rules from those with Chinese citizenship. You need to know that different airports have different sets of rules and regulations. For this reason, you need always to be knowledgeable of these rules and regulations whenever you visit new countries and airports.

5. No agent to pick you up at the airport

You may end up at your destination on time but end up being stranded when there is no agent to pick you up. In such a case, you need to stay put and wait for the agent to turn up. If not, you can call the contacts you have been provided to follow up.

6. Immigration problem

You must never forget to check your documentation and ensure that everything is to avoid immigration problems that may end up delaying you at the airport. Keep your passport and seafarer’s document safe and in excellent condition as well. Immigration problems can be sorted by immigration lawyers.

7. Accidents or injury

As rare as these may be, they do occur sometimes. In some cases, the authorities may not be able to identify you if you get injured in a foreign land. Always keep photocopies of your identity card and pictures with you while traveling just to be safe.