Who is to Blame for a Slip and Fall Injury?
It can be difficult to prove who is at fault for a slip and fall injury. Was it an accident, or was it a result of negligence that could have been prevented? It really comes down to those two questions when determining who is to blame after an injury. This article discusses factors that go in to proving fault for a slip and fall accident.
Is the Property Owner at Fault for the Accident?
Every individual is responsible for being aware of their surroundings and avoiding dangerous conditions. In a slip and fall lawsuit, property owners will not be held liable if someone was injured by something a reasonable person would have avoided. They will also not be held liable if they took initiative to repair or warn people of the dangerous condition.
This is not to say that property owners are never liable when someone is injured on their property. Property owners are responsible for taking certain precautions to ensure their property is reasonably safe. This makes it difficult to have a cut-and-dried rule for finding property owners at fault for an injury, but when they ignore a dangerous condition and someone is hurt because of it, their negligence will put them at fault.
Liability for Slip and Fall Accidents
If you or a loved one has been injured on someone else’s property because of a dangerous condition you will need to prove one of the following to win your slip and fall case:
- That the property owner or his employee should have known of the dangerous condition because a reasonable person in his or her position would have known about the dangerous condition and fixed it.
- That the property owner or his employee actually did know about the dangerous condition but did not repair or fix it.
- That the property owner or his employee caused the dangerous condition.
After presenting your evidence, it is up to the judge or jury to decide who’s at fault. These cases are not always easy, but can be very rewarding.