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Holland & Usry, P.A.

Quoting Chapter and Verse: Proving a Wrongdoer’s Fault by Showing He Broke His Own Rules

Before an injury victim can be compensated for his losses, he has to prove it was someone else’s fault.

Because we handle a variety of injury cases, we’ve realized fault is not always easy to prove. Not every case is a rear-end car crash, where our hardest work lies in proving the rightful amount of money you deserve. Sometimes we’ve got to work just as hard to prove fault—to demonstrate that whoever hurt you knew or should have known better. This is especially true in slip and fall or trip and fall cases and medical malpractice.

Here’s what we remember: the purpose of personal injury law is to protect people from carelessness. Only victims of preventable accidents can be compensated. To prove a store, business, or healthcare provider acted carelessly, there’s one very important source that can help a lot, found in a surprising place.

It’s Right There in Black and White

Sometimes one of the best ways to prove fault is showing a business broke its own rules. A business’s policies, procedures, and training manuals often contain its standards to protect customers, clients, and patients from injuries.

Why these standards? Because they know they keep you safe!

And sometimes this can be among the best evidence for your case. Somebody once wrote the employee handbook or the surgical operation protocol after thinking long and hard about what is the best way to do a procedure. Almost by definition, those rules are the conventional, reasonable, mainstream way. When you get hurt because people broke their own rules, it can be powerful evidence they’re at fault.

How It Can Work

For cases we’ve seen reported or even handled ourselves, evidence of fault came from proving violations of:

  • A railroad company’s railway track maintenance policy, in a train crash.
  • Store policy on floor mat placement on rainy days, in a slip and fall case.
  • Store policy forbidding taping down defective floor mats, in a trip and fall case.
  • Industry safety standards for playground equipment in a school playground injury case.

And that’s just to name a few. It’s something we’re always looking for.

They Don’t Just Give It to You

No one volunteers giving this information to you. We’ve got to file a lawsuit, then use the discovery process to get the evidence. Even then, we’ve got to ask for it the right way. And they often don’t give it up without a fight.

Because they know what it says. And they know what they did.

If you got hurt somewhere and feel it could have been prevented, start a live chat right where you are to see what we can do to build a case to get your medical bills paid and get you compensated for the harm and loss you suffered as a result.

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