Slip and Fall Liability Proving Fault
After your injury, you can file a personal injury claim to recover the damages caused by your slip, trip or fall. However, identifying who is responsible for your slip and fall isn’t always as clear as it seems.
Many retail locations rent the land they operate on. In some cases, they might also pay for another company to keep that property safe. For a slip and fall claim to be successful, your attorney will need to identify the correct responsible party.
In order for someone to be liable for a slip and fall injury you’ve sustained on someone else’s property, at least one of the following factors must be true:
- The owner or an employee of the premises must have caused the unsafe circumstance (spill, tear in a carpet, worn spot, dangerous or slippery surface)
- The owner or an employee of the premises must have been made aware of the unsafe surface and not done anything to fix it
- Dangerous circumstance should have been apparent to the owner or an employee of the premises because a “reasonable” property manager would have seen it and addressed it
Who Is Responsible For Ice & Snow Safety?Property owners and businesses can’t control the weather, and the law does not expect them to. However, they do have the responsibility to keep their land and buildings reasonably safe. If they don’t, they are liable for the damages their negligence caused. How courts determine “at fault” parties changes depending on who owns the property.
How much responsibility you bear for the injury helps determine how much your claim is worth. Typically, the more the other party is at fault, the more you’re entitled to.
This is another reason it’s always a good idea to speak with a personal injury attorney. They’ll help to make sure that your claim is not reduced or denied because of some partial liability on your part.
Slip And Fall Accident Attorneys
For 25 years, Console and Associates has helped our clients successfully resolve their slip and fall claims. Their winter accidents left them serious injuries, which is why we fought so hard to get them the settlement they needed. A personal injury claim is about getting your life back on track.
Determining liability is an important step to building a successful claim. If you’re in pain after slip, trip, or fall, see a doctor immediately. Left untreated, those minor injuries can quickly turn into life-altering pain. After speaking with your doctor, call us and speak with an attorney. You will get better.