Slip and Fall FAQ

Q: When someone trips over a broken piece of a city sidewalk and is injured, can he/she sue the city?

A: An injured individual may have a legal case against the city in such condition since municipalities have a responsibility to keep the streets and sidewalks safe by fixing broken sidewalks. An injured individual may win a lawsuit against the city if he/she can prove that the city was unable to maintain the sidewalk properly and safe.

Q: What if somebody gets injured while at home of a neighbor who invited the person to a party?

A: Visitors may recover from their hosts, depending on how their injuries occurred. Homeowners must tell their visitors about, or fix any dangerous condition that visitors may not recognize. This means that if the injury was a result when the visitor tripped over a worn rug, he/she may be able to recover if he/she can show that the host was aware other people had tripped over the worn rug and the visitors did not realize the potential danger. The host would probably warn the visitors about it during the party or secured it to the floor with some tape or tacks.

Q: Can somebody receive compensation from a store where he/she was injured as a result of a slip and fall accident?

A: Particular facts of every lawsuit will determine if the injured person can recover damages from a store for a slip and fall incident. The stores have an obligation to maintain their floors reasonably safe for the consumers, thus, the employees should check regularly the areas where the customers go to and find out if there are potentially hazardous conditions. If there was a slippery substance on the floor that might cause the fall, and the plaintiff could show that the substance had been there for awhile, or that the store knows about it to recover damages.

Q: What are the duties of the owners of the property about the ice and snow removal?

A: Basically, the law does not need the owner of the property to remove the ice and snow that gathers outside the building as the result of the weather. But when the conditions on the premises cause an unnatural collection of ice and snow, the owner of the property may be accountable for the slip and fall accidents. Aside from this, if the property owner chooses to remove ice and snow, e/she must not do it negligently.

Q: When will the law say that the property owner “should have known” about a dangerous condition on his/her property?

A: Most of the cases, the law says the property owner “should have known” about the hazardous condition when it was there for a while already that a reasonably careful individual, under the same circumstances, would have it found it.

Q: If somebody pointed out to an employee about a spill vital in proving a slip and fall lawsuit that resulted in an accident and injured a person?

A: Yes, the fact that the employee of the property owner was made aware of a potentially dangerous condition is very crucial in establishing that the owner knew about the condition but was negligent in failing to fix it.

Q: Will the violation of a building code of the building owner be used to help the plaintiff win the slip and fall lawsuit?

A: Yes, the plaintiff may prove the negligence by showing that the owner of the property has violated a very important statute or code. The building owner must make sure that the structure of his/her building adhered to the applicable building codes. As a sample, the building codes normally imposed when and where the handrails and other same features must be built. When you fall on the stairways that do not have enough handrails, and the lack of the handrail caused your injuries, you may have a justifiable claim against the building owner based on his/her building code violation.

Q: Who can be held responsible for a slip and fall lawsuit?

A: In slip and fall lawsuits, there are many people or entities that may be held liable for somebody’s injury. If the business rents space from the owner of the property, both the owner and the tenant (the business) may be called defendants by somebody who is injured on the property. The tenant is called as the owner of the property or the building and has the responsibility to apply reasonable care to prevent injury to those on the property under its control. The owner of the property may also be a party who maintains the property.

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