If you are visiting a friend and end up falling through his or her floor, you may think that you have a straightforward personal injury case. That isn't always true, though. In fact, you could end up losing your case if you aren't careful.
Falling Through A Floor Can Be Dangerous
When a person falls through a floor, they are at serious risk of severe personal injury. Even if they don't fall to the basement or a lower story, the building materials may jab into them and cause serious wounds. Even worse, they may suffer from horrific injuries if they land on a lower story. Broken bones, a cracked head, or even death are likely possibilities.
Consequentially, these kinds of personal injury cases are often very serious and require a specialized lawyer. These legal professionals can pinpoint why the problem occurred and will fight to find a way to help a person win. Likewise, the defense will be trying to shift blame to the person who fell and was injured.
Fault Can Be Complex
Proving fault in a case like this requires showing that the person who owned the house was aware of the damage to the floor that caused it to break. The plaintiff must also show that the defendant not only knew about the damage but did not take active and reasonable steps to ensure it didn't cause any serious injuries. The fact that somebody was injured may indicate that the defendant was very obviously at fault, but that isn't always the case.
Defense Can Also Be Tricky
While the person who fell through the floor has to prove that the property owner was at fault, the defense will be fighting to prove that the plaintiff was to blame for his or her injury. The basic defense in this type of case is to claim that the owner didn't know about the problematic condition of the floor and that they could not have prevented the injury from occurring.
They may also claim that the plaintiff was behaving in a way that contributed to the accident. For example, they may try to state that the plaintiff was stomping on the floor or was too heavy for the floor to handle. These kinds of cases can get very personal and may end a friendship when all is said and done.
There isn't much you can do to protect a friendship in a case like this one. Whether you are the plaintiff or the defendant, you may have to deal with a lot of hurt feelings on top of healing from the physical injuries. As a result, it is essential to find a way to win by talking to a personal injury lawyer right away. Contact firms like Trump & Trump for help with your personal injury lawsuit today.
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