A slip and fall accident can happen in any place at any time.
It doesn’t matter your age or how healthy you are, these types of accident can just randomly occur. As with most accidents, the legal procedure is to look for liability. This could rest with a property owner of where the accident took place. This article is going to analyse some of the conditions in which these accidents can happen.
Slip and Fall Accidents: The Conditions
There is a huge list of specific reasons why a slip or fall might take place. However, if we think more generally, various conditions both indoor and outdoor frequently accompany these accidents. Wet floors, torn carpet edges, ice, and poor lighting all regularly cause slips and falls. One other reoccurring reason behind a slip or fall accident is poor maintenance of the sidewalks and roads.
Not all of these conditions necessarily mean the property owner was liable for the accident. Liability in these cases rests on the owner’s duty to take action. If they had a duty to act and failed to do so they will be found liable for the accident. This could be something such as putting up a warning sign to advice pedestrians about the hazardous area. There are safety measures expected when accidents are foreseeable. For example, placing a plastic yellow sign at the end of a recently mopped hallway.
Property Owners and Liability
A property owner must keep their property reasonably safe at all times. The keyword here is reasonable, which acknowledges that some hazardous conditions can not be reasonably foreseen. For example, bad weather events, or problems hidden to the untrained eye.
The injured party and the property owner dispute whether or not it was reasonable to expect a warning. The conduct of the injured person also factors into the ruling, but if a property owner had clearly let their property become unsafe they will be made to pay damages.
In different states, there are different laws, but most use comparative negligence to ascribe fault. Comparative negligence shares the blame between the injured person and the owner. If the conduct of the victim contributes 30% to the accident, the property owner only pays 70% of the damages. In a slip and fall case, it is the judge who decides the degree to which the owner is liable.
Hiring a Personal Injury Lawyer
In cases such as these, it is a good idea to seek legal advice. Firstly, the property owner will most likely have a lawyer through their insurance company. Secondly, the body of law around comparative negligence cases can be difficult to follow. A professional is able to fully understand the caveats and loopholes of a case. In many cases like these, hiring a lawyer is the difference between a fair and an unfair settlement.
If you would like to contact a personal injury attorney in your local area we have a list of options available to you. They will help you decide who was at fault for your accident and how you should proceed legally. The best time to contact a personal injury lawyer is as close to the time of the accident as possible because of the time restrictions that go with filing this kind of case.
Accidents. Law is a legal resource with the general public well-being in mind. We provide information that will benefit people who find themselves in unexpected legal situations. There are many legal aid resources that provide great information for every kind of legal situation.
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