Who can be held accountable for an injury from slip and fall? Injuries like these take place
often, sometimes seriously, when fallen over stairs, wet floors, or irregular spots on the ground. This could be a fault of either the owner of property or of the individual that got injured.
Slip and Fall Injuries are Common. But Who’s at Fault?
Slipping and falling is a common occurrence. Uneven floors, liquids on the floor, or objects on the floor are sometimes unavoidable. Slippery substances and objects on the floor cannot always be removed by the property owner. And many of the objects can be expected to be in the area and could be avoided. It is up to the individual to look where he or she is going.
Is Your Lawyer Pursuing a Negligence Lawsuit for Your Slip & Fall Injury?
This is not to say that owners of the property aren’t sometime negligent. They must be careful and aware about how they keep their property. While it is hard to determine who can be held responsible for a slip or a fall, your lawyer will know if there is a valid case to be made for negligence.
Here are some guidelines to determine who is at fault in such incidents:
Determining who is liable-
- The cause of the accident can be directly related to the owner, which could have been avoided.
- The owner was aware of the problem and did not take any steps to rectify the problem.
- The owner should have known about the problem and fixed or removed the problem.
While the third situation is the most common, it is also the most vague, especially determining what the owner “should have known” about the problem. The best way the judge or jury can determine if an owner can be held responsible it to look at the steps taken by the owner to prevent such an event in the most logical way.
What is “logical” in a Slip & Fall Case?
The law tries to determine if the owner regularly kept the property clean and safe. How to determine if the owner can be held liable?
- How long has the dangerous spot been known to the owner?
- Does the owner maintain the property regularly?
- Should the dangerous object or area be there or was it an accident?
- If there was reason, does the reason still apply or is it no longer applicable?
- Could the object been moved or covered up to make the property safer?
- Was visibility an issue?
If any of the above conditions apply to your case, you may have a legitimate claim for proper compensation. However, the recklessness of the individual injured should also be considered in the injury.
We can use “comparative negligence” to determine if there was any fault on the side of the injured individual. Here are some questions to ask to determine fault:
- Was there a proper reason for the individual to be in the danger area?
- Could the individual have avoided the area?
- Was there a noticeable warning signs for the area?
- Was the individual distracted when the injury occurred?
While it is not necessary to prove that the injury took place even while you were cautious, accurately describing how the event took place.
If you already have a lawyer, you may be eligible for a lawsuit cash advance loan.
If you are looking at such a claim, Interstate Lawsuit Funding can provide pre-settle cash advance up to $5,000 based solely on the merits of the case.
If your case deals with slips or falls or any kind of accident or personal injury, you would qualify for a pre-settlement cash advance. Please use the simple 30-second application on our Home page to apply. If your case qualifies, we would be able to send you a check within 48-hours for the money you require.
That check is for you to keep, and we will be paid back through the settlement amount. If your case does not win in court, you will have no personal liability to pay off the loan on your own. Your personal valuables and your credit history are not at risk with Interstate Lawsuit Funding.