A slip and fall is a personal injury case where a person sustains injuries after tripping on another person's property. Slip and fall accidents are categorized as premises liability claims. This is because they occur on premises owned by someone else. Some of the conditions that can result in slip and fall accidents include wet floors, poor lighting, and torn carpeting.
Slip and falls also occur outdoors because of ice, snow, rain, or hidden hazards like potholes. If you have been in a slip and fall accident, you should hire personal injury lawyers to help you claim compensation. Here's basic information on determining and proving liability in slip and fall accidents.
When Is Liability Established?
In most slip and fall accidents, the courts hold the property owner liable for the victims' injuries. To determine liability, the owner of the property or their employee must have caused a dangerous condition that led to the accident. Additionally, the owner or their employee must have known about the dangerous condition but didn't correct it.
Judges usually determine whether the property owner is liable by considering whether they took reasonable measures to ensure the property was safe. The courts will compare the property owner's conduct with that of a reasonable person under the same circumstances.
How Can You Prove Negligence or Liability?
For the court to find someone liable for a slip and fall accident, you must show that they didn't act reasonably. In proving the defendant's actions were negligent, you need to determine whether the dangerous condition lasted long enough for any reasonable property owner to have rectified it. You should also question whether the property owner had a policy for checking for dangerous conditions on their property. If there's no such policy, that in itself is negligent behavior. If there is such a policy, you should determine if there's a record to show the steps taken to correct the situation before the accident.
Sometimes a property owner may have a reason for the creation of the dangerous condition. For example, a construction site may have a slippery floor. In such cases, you should determine whether the property owner may have prevented the dangerous condition through measures like placing warning signs, preventing access to the site, or relocating the hazard. If you slip and fall on someone else's premises, make sure you report the incident to the property owner. If you sustain injuries, get medical treatment so you can prove the extent of your injuries when claiming damages.
Don't forget to take photos of the accident scene and get the names and contact information of all the witnesses to the incident. It's also essential to consult personal injury attorneys to help you file a claim.