What Is Needed To Prove Fault In A Slip And Fall Accident?
Serious injuries surge from slip and fall accidents every year. In fact, thousands of people are injured every year by a slip and fall. A slip and fall can occur under various circumstances like a wet floor, a loose handrail, and even a hazard obstructing the way. When a slip and fall occurs, who is responsible for the damages that you endured? That answer to that questions depends on the circumstances of your accident. There are times when the property owner can be accountable, but other times where they might not be.
You have to consider that things wear and tear and objects fall on the floor—don’t be deemed as having contributed to your own slip and fall. You have to try to prevent yourself from slipping and falling. If you see a hazard, move out of the way. Likewise, a property owner has the duty to maintain their property to ensure that there are no hazards or unsafe conditions. Just because you were injured on someone’s property, it does not mean that the owner will always be accountable for the damages. Various elements must be present in your slip and fall case when determining liability.
The main factor that comes into play in a slip and fall case is whether the property owner exercised care and whether you were negligent by not avoiding the fall. Slip and fall lawyers can aid you in determining if the owner was careful or not.
General Rules For Slip and Fall
If you slipped and fell on someone else’s property, one of the following circumstances must have been present during your accident in order for you to hold someone legally liable for your injuries:
- Dangerous surface, slippery floor, worn or torn object, or spill must have been caused by an employee of the property or the owner of the property
- Danger must have been made aware to the employee or property owner but nothing was done to eliminate the hazard
- Danger should have been known by the employee or property owner because someone who was acting reasonably would have noticed the issue and taken action to resolve it
When the third situation presents itself, “should have known” becomes less clear. In those situations, common sense is used by the judge and jury to decide whether the appropriate steps were taken by the owner to make sure that their property was kept safe. For the most part, they will investigate whether the owner is routinely doing everything in their power to make sure that their property is clean and safe, which would be considered as his or her “reasonableness”.
Before deciding to file any claim for a slip and fall, take a moment to see whether you have comparative negligence in your accident. Make sure to ask yourself whether you took precautions and exercised reasonableness to avoid your accident. A personal injury lawyer that focuses on slip and fall cases and help you come to that determination.