It can be difficult to determine liability in slip and fall claims. Thousands are injured each year, some severely when they trip or fall on broken stairs, a wet floor, or an uneven spot on the ground. In some cases, the property’s owner is liable for the incident, and in some cases they are not. Below are general guidelines that can help clients determine whether someone else can be held liable for a slip and fall injury.
Determination of Liability
To be held liable for someone’s injuries, one of these factors must apply to the property owner:
• The damage or spill must have been caused by the owner or the employee.
• The owner or employees must have been aware of the dangerous condition but failed to prevent it.
• The owner or employee should have been aware of the danger because it was discoverable and repairable by a reasonable person.
Liability in slip and fall cases is largely dictated by common sense. Juries and judges determine if the property owner took reasonable steps to ensure the safety of the premises.
The Definition of “Reasonable”
Negligence claims often depend on the defendant’s reasonable actions. In determining whether a property owner’s actions are reasonable, laws focus on the owner’s efforts to keep the premises safe. Below are questions clients can ask to assess whether a business owner can be held liable for injuries related to a slip and fall.
• Did the danger exist long enough that it should have been apparent?
• Does the owner have procedures for premises maintenance, and is there proof?
• If the slip and fall were object-related, was there a valid reason for the positioning of the object?
If any of these questions can be answered favourably for the client, they may have a valid slip and fall claim. However, the client should consider whether their own actions could have contributed to the accident. Clients who have been injured in slip and fall accidents should hire a Slip And Fall Accidents Lawyer as soon as possible. A Slip And Fall Accidents Lawyer with Swartzculleton.com can evaluate a case’s circumstances and determine the validity of a claim.
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