You might not know that, each year, thousands of people slip and fall on floors and sustain very serious injuries as a result. These surfaces are left slick and dangerous by parties who have acted negligently and not taken proper care to prevent these accidents from happening in the first place. However, you may want to take note that it is sometimes a difficult process to prove that the owner of a property is responsible for a slip and fall accident. One of the main points in these cases is that, often times, the property owner could have prevented the accident from ever taking place. However, not every case will be the same. What if you tripped over something that could have reasonably been avoided by other people? Then liability may not fall on the property owner.
However, a property owner still has a duty to maintain reasonably safe conditions for those on the premises. They must take reasonable steps to ensure that their property is free from all dangers that could easily cause a slip and fall. Property owners and those on the property need to take care alike.
What Must I Show to Prove Liability?
- The property owner or his employee should have known of a dangerous condition. Any other reasonable person in this position would have recognized the danger and fixed it before an accident occurred.
- The property owner or his employee knew about the dangerous condition but did not take proper care to repair or fix it.
- The property owner or his employee caused the dangerous condition by spilling something, avoiding repairing broken flooring, or more.
Many property owners are pretty good about the upkeep of their premises because they do not want to see you get hurt on their watch. However, sometimes things will get past their eyes and an accident will happen as a result. After you present facts or arguments related to what a reasonable person would have one, the judge or jury will take matters into their own hands. They can then decide whether the property owner should have known about the slippery step that caused you to fall or the broken flooring that you never even noticed. From there, you will be able to receive the damages that are meant for your case.
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What Are Some Reasonable Standards?
- How long had the defect been present before your accident and should the owner of the premises noticed and fixed it? If the slip and fall came from a leak caused by a leaky roof, the owner should have noticed the leak as an ongoing thing and fixed it to prevent accidents. This would have been a reasonable action.
- Maybe the property owner claims that he or she cleans and inspects the property every day. However, within reason, will they be able to show proof that they actually take this care?
- If you tripped over something on the property, was there a legitimate reason for that object to be there in the first place?
Can You Hold a Store Liable?
There have been many successful cases in the past where a case brought about recovered damages for somebody who sustained injuries in a slip and fall. For instance, in November 2011, a jury in Colorado awarded a WalMart plaintiff $15 million in a slip and fall case when her fall caused her to become disabled and lose her job. A store can be held legally responsible for unsafe conditions under many theories. Knowing more about reasonable caution and being able to back up your claim will always work in your favor.
Have you been injured in a slip and fall case and aren’t quite sure where to turn? Luckily, we have the experience you need to get you the compensation that you deserve. For years, we have tried many cases, including those regarding slip and falls. Call Maggiano, DiGirolamo & Lizzi today for more information on how you can get started on your claim!
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