According to the Centers for Disease Control and Prevention, over a million people suffer injuries from slip and fall accidents every year. A small percentage of these accidents result in death. Most of these cases involve a slippery surface, uneven ground or objects obstructing a normally clear walking path. Slip and fall accidents happen often and in varying environments and circumstances. To best determine liability, basic information about reasonableness and/or negligence must be understood.
We all know how easy it is to slip and fall but it’s not until it happens to you or to someone when they’re on your property that it becomes a legal issue. It can be challenging to decipher who is at fault. Property owners are often regarded as being liable for a slip and fall accident but there are several factors leading to this determination.
In order to be held legally responsible for someone’s slip and fall accident, one of three factors must be proven:
1) The owner of the property or the agent of the owner must have caused the defect or dangerous condition.
2) The owner of the property or the agent of the owner must be aware of the defect or dangerous condition and not repaired or corrected it.
3) The owner of the property or the agent of the owner should have known of the defect or dangerous condition or if the owner of agent had acted unreasonably.
Proving that an owner or agent created a defect or should have known about a defect or dangerous condition and acted unreasonably can be difficult but in many instances can be done with the help of an attorney. There are other aspects of slip and fall such as whether the injured party was invited onto the property that may affect the ability to recover for damages after a fall. Another factor regarding the ability to recover is whether the defect or dangerous condition was open and obvious or difficult to see such as black ice.
If you think you’ve been a victim of a slip and fall accident speak to an expert personal injury attorney right away.