Slip and fall accidents could occur when people in charge do not follow the appropriate protocols to keep others safe. These injuries could also happen when people are simply not paying attention. Poor lighting, wet floors, and broken handrails are the most common causes of slip-and-fall accidents.
Some property owners are usually aware of these hazards but do nothing to remove them, putting the safety of property visitors at risk. The property owner may be liable for the damage when such situations occur.
What Is A Slip and Fall Accident?
When someone is hurt because they slipped, tripped, or fell on another person’s property, they can file a personal injury claim, commonly called a “slip and fall.”
According to Daniel Wagner, a Florida slip and fall lawyer, “the legal concept of “premises liability” encompasses accidents involving slips and falls and other forms of negligence. As the name suggests, property owners may be held liable for injuries sustained on their premises if those injuries were caused by the owner’s negligence, as in the case of a slip and fall accident.” All property owners must take reasonable precautions to ensure the safety of invitees, visitors, customers, and patrons.
Types of Slip and Fall Accidents
Slip and fall accidents can happen within and outside work premises. For instance, negligence in clearing snow and ice from outdoor surfaces during winter causes serious slip-and-fall accidents.
Also, uneven pavement, potholes, and cracks are all potential trip hazards that could be avoided with better lighting in parking lots and walkways. Inside establishments, wet floors, faulty handrails, and electrical cords left lying carelessly are reasons these accidents occur.
Slip and fall accidents could cause:
- Broken bones
- Traumatic brain injury
- Dislocation of joints
- Cuts and bruises
- Body pains
- Sprained knee, ankle, or wrists
Negligence in Slip and Fall
Cases involving slips and falls often become more complicated when it is discovered that the person occupying the property is not the owner. To determine who is at fault in a case involving premises neglect, one must first identify who was responsible for the upkeep of the property.
Generally, property owners have a responsibility to keep their property in good condition. The property owner may be liable for injuries sustained from falls if they know or should have known about a hazard but failed to correct it or post warning signs.
Tenants must also take reasonable precautions to ensure the safety of their visitors. As with the landlord, tenants must address any safety concerns with the rented property. Renters who cannot remedy a hazardous situation alone must inform the property owner immediately.
Who Is Responsible for a Slip and Fall Accident
In a slip-and-fall accident, several parties could potentially be liable. The negligent party is always expected to foot any bills incurred in the accident. For this reason, all parties involved would often try to shift the blame and avoid being held liable. The party that’s finally held accountable by law is determined by who the careless party is, as it is possible that several factors contributed to your mishap.
Even though you were hurt, you could still be partially responsible for the accident, depending on the fault system of your state. The good news is that even if you share some blame, you will still be eligible for compensation. The bad news is that the amount you receive will be reduced based on your degree of fault.
Judges and juries usually take a commonsense approach to determining responsibility in slip-and-fall cases. However, the key to obtaining fair compensation after a slip, trip, or fall injury is proving that most ‘fault’ falls upon the property owner.
The state of the property at the time of the incident will be carefully examined to establish fault. If a customer or visitor to your establishment is injured because they slipped and fell, they must prove that the property owner did not take reasonable precautions to ensure their safety.
To establish liability, it is usually necessary to show that the defendant knew or should have known that a hazardous condition existed on the property and did nothing to remedy it. However, entry to the property posed an unreasonable risk to anyone.
Conclusion
Slip-and-fall cases are rarely straightforward. Many injured people want to sue someone, but knowing the right person to sue is important. Slip-and-fall claims require proof. So, you may need a lawyer to help you gather evidence and hold someone accountable.
