Slip and Fall Accidents: Proving Fault

A slip and fall accident can cause serious injuries that require ongoing medical attention for many months or even years depending on the severity of the injury. When this happens, filing a slip and fall case involves liability of the part or the property owner.

Liability Determination

In order to be legally responsible for a slip and fall accident, an owner must have caused either a spill on the ground, a worn or torn spot on the floor, or an otherwise dangerous condition leading to the slip and fall.

Either of the followings must also be true:

a) The owner must have known that there was a dangerous condition on his property and did nothing to improve it; or

b) The owner should have known of the danger because a reasonable person would have discovered it and repaired or removed the danger.

Negligence Questions for Liability

A negligent property owner may be liable for a slip and fall accident in several cases. Negligence may be found if the dangerous area had been there for some time without repairs being made to it.

The owner should also have a written log of regular maintenance to show that they inspect the area on a regular basis. If a person has tripped on an object on the floor, there must be a reasonable basis for the object to be there. Preventative measures must be taken by an owner to prevent people from entering a defective area, whether through proper lighting or caution signs.

Other Considerations

An insurance adjuster may also ask an injured person about any carelessness on their part which may have contributed to the accident. The injured person should have a reason for being in the defective area and not have been distracted in any manner, such as texting, talking on the phone, or horseplay.

If you believe you have a person injury case due to a slip and fall accident, contact the Law Offices of Paul J. Fina today. Paul’s extensive experience will help you with your legal needs and assure that just compensation in received for either your injuries or those of a family member or friend.