Determining Liability In A Slip And Fall

Slip and fall accidents happen daily, in grocery stores, parking lots, office buildings, and even private homes. Attorneys such as our friends at Johnson & Alday, LLC know that, while some falls result in only minor bruises, others cause serious injuries like broken bones, back injuries, or head trauma that can change a person’s life overnight. If you have been hurt in a slip and fall, one of the first questions you might have involves who is responsible for paying for your medical bills.

Understanding Premises Liability

Premises liability is an area of personal injury law that holds property owners and occupiers responsible for keeping their property reasonably safe for visitors. If they fail to do so and someone gets hurt because of a dangerous condition, they may be legally responsible for the victim’s injuries.

Common Causes Of Slip And Fall Accidents

Hazards that lead to slip and fall injuries can appear almost anywhere. Some common examples include:

• Wet floors or spills in stores that are not cleaned up quickly and properly

• Icy or snowy sidewalks that are not properly treated

• Loose rugs or torn carpeting

• Poor lighting in stairwells or hallways

• Uneven sidewalks or potholes in parking lots

• Clutter or debris blocking walkways

As a brain injury lawyer knows, these accidents can sometimes lead to serious injuries. Property owners have a duty to fix these hazards or warn visitors about them within a reasonable time. If they do not, you may be able to file a claim.

Who Can Be Held Liable

In most cases, the person or business that owns or controls the property where you fell can be held liable if they were negligent. Examples include:

• A store owner who fails to clean up a spill or place warning signs

• A landlord who ignores a broken step in a common area

• A business that does not salt an icy walkway after a snowstorm

• A homeowner who invites guests over but does not repair know hazards

However, just because you slipped and fell on someone’s property does not automatically mean they are responsible. To have a valid claim, you must show that:

• A dangerous condition existed
• The property owner knew about it (or should have known through reasonable inspections)
• They failed to fix it or warn you
• You were injured as a direct result

An experienced lawyer will help you gather evidence to prove liability.

If You Were Partially At-Fault

Sometimes, the property owner may argue that you share some responsibility, for example, if you were texting and not watching where you were walking. Many states follow a comparative negligence rule, which means your compensation may be reduced by your percentage of fault. For example, if you are found 20% at fault, your damage could be reduced by 20%.

What To Do After A Slip And Fall

If you are hurt in a slip and fall accident:

1. Report the accident ASAP to the property owner or manager

2. Take photos of the hazard that caused your fall

3. Get names and contact information of any possible witnesses

4. Seek prompt medical treatment, even if your injuries seem minor

5. Talk to an attorney before accepting any settlement that might be presented to you

These types of cases can often be surprisingly complex. Understanding premises liability is one big step toward protecting yourself and getting fair compensation for injuries. If you have specific questions about your accident, do not hesitate to reach out to a qualified lawyer who can help you explore your options and potentially build a strong claim.