It is often difficult to prove fault in a slip and fall case. Thousands of injuries occur each year, many of them serious, from slipping on floors, stairs, and other dangerous surfaces. However, it may be hard to document that the property owner is liable for one’s injuries. Read on to learn more about slip and fall liability.
Could the Premises Owner do Anything to Prevent the Accident?
If a person is hurt in a slip and fall, it might be tempting to quickly hire a here. However, the plaintiff should ask if the accident could have been prevented through increased care on the premises owner’s part. For instance, if a leaky roof leads to a puddle on the floor and someone slips as a result, the property owner might not be responsible if there’s a drain in the floor. Property owners typically aren’t held liable for conditions avoidable by a reasonable person, as everyone has a duty to be aware of his or her surroundings and to try to avoid dangers.
The Property Owner’s Duty to Maintain a Safe Condition
Despite the facts above, property owners can sometimes be held liable for slip and fall injuries that occur on their premises. Although the rules aren’t clear-cut, property owners must take steps to ensure the premises are free from dangers. The reasonableness is typically weighed against the care to be exercised by the victim. Below are guidelines used by insurers and courts to determine fault in these cases.
Accident Liability
- If a person is injured on another party’s property because of a slip and fall, they’ll need to prove the following factors to win a claim.
The property owner or employee should have been aware of the condition because a similar, reasonable person would have known and taken steps to fix it. - The property owner or worker knew of the danger and did nothing to fix it.
- Workers and owners caused the spill or dangerous condition.
Because most property owners keep their premises in good shape, the first factor is commonly litigated by any. However; it’s also difficult for an attorney to prove because the “should have been aware” definition is subjective. After the Slip And Fall Lawyer in Kent County present the victim’s argument, it’s up to the jury or judge to determine whether the owner should have been aware of the condition.
