Slip and Fall Injuries: 5 Things to Know About Liability

 

A slip and fall accident can happen virtually anywhere — be it an icy sidewalk, a wet floor in a grocery store, a poorly illuminated staircase, or a pothole on a road or parking lot.

Some people manage to avoid serious injuries after such incidents, while others get hurt quite badly — suffering anything from fractured bones to concussions.

Whatever the circumstances leading to a slip or fall injury, the first question to ask when facing this scenario is: Who is responsible? Property owners, for instance, are supposed to ensure their grounds are safe, and failure to do so can leave them liable if someone is injured.

Understanding your rights and knowing how liability works in slip and fall accidents can help you if, despite your best efforts, you experience this sort of mishap.  

Keep reading to see five things about slip and fall accident liability, specifically when it comes to property owners, that everyone should know.

1. Property Owner Owes a Duty of Care to Their Visitors

Duty of care plays a pivotal role in determining whether a property owner is going to be considered liable for an injured party’s injury or not. Generally speaking, property owners must ensure their properties are reasonably safe to use.

In other words, property owners should ensure there are no hazards that could cause others to sustain injuries. So, store owners need to keep their shops clean and well-maintained — cleaning up any spills and repairing any damaged flooring.

It’s worth noting that different duties of care are imposed on property owners depending on the type of visitor. On the one hand, customers will need the greatest protection. On the other hand, trespassers may be entitled to lower standards. Yet, property owners are prohibited from deliberately creating hazardous conditions, regardless of the classification of victims.

2. Document Everything Thoroughly

When it comes to a personal injury, it’s vital to act responsibly and document everything. First of all, you should notify the property owner about your accident right after it occurs. You also need to photograph the location where the slip or fall took place and write down all the injuries that you sustained in the accident.

Moreover, it’s a good idea to ask witnesses for their names, as their eyewitness accounts may be useful in court. In addition to hiring a lawyer, you should also seek medical care to prove the extent of your injuries, and keep all receipts to recover your expenses if possible.

3. You Should Prove That Negligence Took Place

Proving liability in a slip and fall accident isn’t easy. To sue a property owner for your injuries, you’ll need to show that negligence was at play, meaning you’ll need proof for the following:

• The property owner owed you a duty of care.
• They breached that duty by failing to eliminate a hazard.
• The hazardous condition directly led to the accident and your injury.
• Your injury led to losses, like medical bills or time off work.

It’s worth retaining the services of a lawyer specializing in helping slip or fall victims. If your lawyer determines there’s enough evidence to prove a property owner’s negligence, the legal professional will help you file a claim for compensation for your injuries.

4. Your Own Fault Is Considered Important

While discussing slip and fall accidents and liability issues, it’s worth mentioning that they usually involve shared liability since people often share responsibility for an accident. So, even if a property owner breached his duty of care, you may get less, if any, compensation if you were also to blame.

Many states allow the so-called comparative negligence when deciding who’ll cover part of a person’s losses. For instance, if the judge finds that you have been 20% at fault for an accident, your award will be lowered accordingly. If your degree of fault is above 50%, you may get nothing.

5. Reasonable Maintenance Is Required From Property Owners

As mentioned above, property owners aren’t required to ensure complete safety on their property. They’re just obliged to act prudently and exercise due diligence. So, they should make decisions the way other reasonable people would behave in the same situation.

For example, if a storm occurs in an area with rather harsh winters, a local property owner needs a reasonable amount of time to remove ice and snow from their property before a lawsuit may be a reasonable option.

Personal injuries sustained due to a property owner’s negligence can devastate those affected. Although not every accident results in a viable legal claim, you can, if facing such a situation, talk to a slip and fall lawyer to determine if you can pursue a claim for compensation.

Knowing the basics about liability in such accidents, you can better understand your legal position and take appropriate action.