There are times when it is very hard to show who is at fault for slip and fall accidents. There are thousands of people who are injured yearly, mostly are severe cases of injury, from slipping and falling on the floor, stairs, or other surface that become very dangerous. An uneven ground can become dangerous as it can result to severe injury. But, there are times when it can be hard, if it is not impossible, to show that the property owner is accountable for the slip and fall accidents.
Can the Owner of the Property Prevent the Accident?
If you or a member of your family is injured in a slip and fall accident, it is a challenging experience to seek out justice through filing of lawsuit immediately. But you must determine first if the accident is a simple and natural consequence, where regardless of how careful the owner of the property was, could not have been prevented.
If there is a leaking roof that results to a slippery condition for slip and fall, the owner of the property may not be accountable for your injury, if there is a drainage grate in the floor which is made to prevent slippery conditions. Additionally, the owners of the property are not always responsible for the things that a reasonable individual would have prevented, like tripping over a thing that normally be discovered in that area, such as a leaf rake on the yard during the fall season. Each individual has an accountability to know of your surroundings and do something to prevent hazardous conditions.
Property Owner’s Responsibility to Sustain Reasonably Safe Conditions
Although property owners are not liable for the injuries of other people due to slip and fall on their properties, owners of these properties must develop reasonable ways to make sure that their properties are free from dangerous conditions that cause someone to slip and fall. Here are some helpful tips that the courts and insurance companies apply to determine the error in slip and fall accidents.
Liability for the Slip and Fall Accidents
If you are suffering from an injury due to slip and fall accident on somebody’s property because of a hazardous condition, you need to prove the presence of any of the following to have any chance of winning a lawsuit for your injury:
Since the owners of the premises are generally, good about the maintenance on their properties, the first circumstance is usually the one that is sued in slip and fall accidents. But the first condition is also tricky to prove because of the terms “should have been.” This brings a different meaning to different persons, although they may be hearing the same case. After showing your evidence and arguments, it will be the judge who should have been whether it was the slippery step that really caused your injury.
When you try to prove that the owner of the premises is accountable for the injury you sustained during your slip and fall accident, you also need to present the reasonableness of the owner’s actions. To assist you with this condition, here are some questions to help you determine prior to filing a case:
If you can answer one or more of the questions in a manner that favorably support your slip and fall claims, then, you may have the chance of winning in your lawsuit. But, you still have to consider if carelessness on your part contributed to the accident.
Most of the states adhere to the rule of comparative negligence about slip and fall accidents. It means that if you contributed to your own injury, like you were on the phone and you were not paying attention to the warning sign, the award for your injuries and other damages may be reduced by the amount that you were comparatively at fault. The percentage of who is at fault will be determined by the judge or jury.
If you are discussing with an insurance company regarding a probable settlement for your injuries, you may be asked several questions similar to the questions here. Even though, you may not have to show to the insurance company that you have been very cautious, you may have to show enough so that the insurance company will be able to believe that you did not act negligently.