Determining Liability In Slip And Fall Injuries

Walking is the simplest means of going to nearby places. It is also one way of exercising your legs and muscles. However, even if you are just walking, you may still encounter an accident such as slip and fall, and incur injuries.

In fact, thousands of people are injured from slip and fall accidents every year. Statistics shows that this type is one of the most common causes of nonfatal injuries with approximately 8 million victims each year. And the most rampant victims are the elderly, usually within 60-65 age brackets.

Typically, slip and fall happens as a result of dangerous substance or condition. It could be due to uneven pavement, slippery floor, greasy working surfaces, poor lighting, hidden hazards such as gaps and holes, and construction hazards.

Most cases of slip and fall are caused by lack of care or negligence of the property owner.

Owners Duties under Premises Liability Law

Slip and fall is part of tort law and it deals with the concepts of premises liability. This law imposes that the owner must see to it that their property is safe, and is not dangerous to other people. Also, they must make sure that it is well-conditioned and should immediately repair or fix any defects.

Property owners must also insure that there are no structural defects in their property, there are sufficient lights and free from any weather related hidden hazards.

Determining Liability

If you slipped and fell in someone elses premises, the property owner may be liable. But, this principle cannot be applied in all circumstances.

If the defect in the property is a trivial defect, or open and obvious defect, the owner may not be liable. Knowledge, time and temporary condition also have legal significance in determining whether the owner is negligent and accountable.

In the case of temporary condition, liquid spill for instance, determining the length of time that the condition existed is necessary. If the liquid was spilled before the incident, the owner may not be held liable because he should not have known about the spill and wasnt able to do anything about it before it happened.

The property owner will only be held liable if he is found to be negligent in the conduct of caring his property, and if he failed to adhere with the stipulations of premises liability law.

Proving Fault in Slip and Fall Case

Slip and fall could be extremely dangerous and may result to serious and deathly injuries.

Hence, to be able to minimize the suffering that slip and fall injuries might cause, filing claims against the other party to seek compensation should be taken into consideration.

You may file a premise liability claim, but you have to prove the following:

The property owner caused the unsafe condition that resulted to the slip and fall accident.

The property owner knew about the condition but did not try to fix or correct it.

The property owner must have known about the danger because a reasonable person should have found the problem and should take steps to prevent injuries that may be caused by a slip and fall accident.

Depending on the jurisdiction and facts of your slip and fall case, recoverable damages includes medical bills and expenses incurred as a result of the accident, lost income for time from work, compensation for pain and suffering, recovery of the equal value of any clothing damaged in the incident and general damages.

In pursuing your case, seeking assistance from expert lawyers is very important.