Who’s Responsible for Slip and Fall Accidents?

Slip and fall accidents occur all the time, with some resulting in serious injuries.  Some of the possible conditions that can lead to a slip and fall injury include wet floors, torn carpeting, potholes in the ground, and hidden hazards, among others.  Although the injured person may be the one to blame, their injury could also be due to the negligence of another person.  What many people don’t realize is that the injured party may be eligible for a personal injury claim, which often falls into the broader category of a premises liability claim.

Premises liability claims are a type of personal injury that occur when a person is injured on someone else’s property due to unsafe conditions.  That said, just because a person is injured, does not necessarily mean that the owner is at fault.  There are different factors that will determine who is responsible for the injury.

Determining Who’s Responsible for Slip and Fall Accidents

Many times, it can be difficult to prove who is responsible for slip and fall cases, as it could either be due to the negligence of the property owner or the carelessness of the person who was injured.  So, how can you determine who’s really at fault?  Well, the court will need to decide whether they believe that the property owner knew or should have known about a dangerous condition that existed on their property.  Some of the factors that will help determine this include:

• The dangerous condition is obvious
• The length of time that the condition has existed
• Prior injuries caused by the hazard
• Previous attempts to fix the hazard
• Complaints about the poor conditions from other people/customers

Even if it is proved that there was a dangerous condition on the property, the owner may not be found responsible if it occurred before they had time to fix it.  They are expected to act reasonably, but this does not necessarily mean that they have to be on the lookout at all times for possible hazards coming into existence.  

That’s why a person’s safety is their own responsibility as well, which is why the injured party must consider if they had any responsibility for the slip or fall.  For instance, should they have noticed and avoided the dangerous area?  Did they have a reason to be in the area where the injury occured?  Were there any warning signs?  Sometimes it’s not solely the property owner or the injured party that is to blame; comparative negligence is the term used when the victim shares fault for the injury and can help determine legal fault and financial liability.

What to Do After a Slip and Fall Accident

The first thing you should do after an accident is seek medical assistance if necessary.  If possible, you should also gather as much evidence as you can to help support your case.  You can do this by taking pictures of your injuries and where it happened and gathering contact information from any witnesses.  This information will help prove who was at fault for the slip and fall accident.

The most important thing that you can do after an accident, however, is hire an experienced lawyer.  Your lawyer will review the circumstances of your case and advise you on what to do in order to get the best possible outcome.  Since compensation can be won in some slip and fall cases, it’s crucial to hire a lawyer who has a deep understanding of slip and fall law.