Hurt in a Slip and Fall Accident? Call 1-800-ATTORNEY for a Free Consultation!

Thousands of people are injured every year in slip and fall accidents, and many of those injuries turn out to be very serious. Who is responsible for these types of accidents? The circumstances of the fall may determine whether or not the property owner is financially liable for any resulting injuries.

Anyone who has been injured in a slip and fall accident must keep in mind that there are several factors involved in a premises liability case, and your ability to pursue damages from the property owner may very-well hinge upon several key elements. The best way to know where you stand from a legal standpoint is to call 1-800-ATTORNEY and request a free over-the-phone consultation.

It is not always possible to blame a property owner when something isn’t immediately picked up or a spill isn’t cleaned up right away. The property owner is not always responsible when someone slips or trips on something that a normal person would expect to find there, or should know to be aware of and avoid.

While property owners are obligated to maintain their property so it is safe for visitors (invitees), the key issue here is whether the property owner failed in his/her duty to inspect the property for safety issues, failed to warn customers of dangers they knew existed (or should have known existed), and/or failed to “rescue” a victim injured on their property.

Assessment of Liability

In order for the property owner/manager to be held responsible for any injuries from slipping, tripping, or falling on someone else’s property, one of the following situations must have occurred:

• The premises owner or his representative were responsible for the spill, torn or worn spot, other type of slippery or dangerous surface, or item in the area where someone could fall over it.
• The premises owner or his representative must have known of the existence of the dangerous condition, yet did not warn customers.
• The premises owner or his representative should have known about the dangerous condition because a normal person taking care of the property would have become aware of it, and failed to warn customers or fix the issue.

The third situation is not as cut and dry as the first two because of the words “should have known.” Oftentimes, liability is contested or shared between the victim and the premises owner, and a judge/jury will need to determine whether or not the owner or his representative took reasonable steps to maintain the property in safe condition for visitors.

What Constitutes “Reasonable?”

All negligence claims focus on determining whether the defendant acted reasonably under the law. The determination of what is reasonable focuses on whether the owner performed regular and thorough maintenance in order to ensure the property was clean and safe. It is important to assess whether your injury resulted from your own carelessness. In many states, you are barred from recovering any damages from the other party if you’re found to be 51% or more at-fault for the slip and fall.

Premises Liability and Owner Negligence

Any time a person suffers from a slip and fall accident, it falls under premises liability law. Once it is determined the building owner or his representative were responsible for the circumstances surrounding a slip and fall accident, the injured party should contact a lawyer experienced in premises liability law. Our attorneys take these types of cases on contingency (no win, no fee), so there is no financial risk for the injured party to pursue their claim, and there is no fee for our services unless we win your case. Call us today at 1-800-ATTORNEY for a free consultation.