02/07/2022 0 Comments
Who is at Fault After a Slip and Fall at Someone's Property
Slip and Fall Accidents
The consequences of a slip and fall accident can be severe. The accident can send you to the hospital with serious injuries, that could even result in the need for surgery, followed by years of physical therapy. A slip and fall accident has the potential of resulting in lifelong debilitating conditions.
Who is Responsible to Pay for Slip and Fall Accidents?
If you are on someone else's property when you sustain injuries from a slip and fall accident, the agent or owner of the property could be liable. Determining liability in this type of personal injury is the key element in any case. There are thousands of injuries caused every year by someone tripping or slipping on sidewalks, uneven floors, stairs, or even rough ground.
In some of these situations, the property owner could be held responsible if they knew the conditions existed before your accident and did nothing to fix the situation. Slip and fall accidents can happen almost anywhere, such as in hotels, shopping centers, other people's homes, and many other locations.
If you suffer an injury in a slip and fall accident inside of a commercial location, the business can be sued. If an injury from a slip and fall accident occurs in a residential location, the homeowner, or their insurance company should have to pay. If this type of injury occurs while you are at work, you should be eligible for workers' compensation.
How to Determine Responsibility in a Slip and Fall Accident
Premises Liability Law covers slip and fall accidents and others that are a result of dangerous conditions on someone else's property. To hold a property owner legally responsible for injuries that have happened to an individual on their property, one of the following must be proved:
- The property owner created the dangerous condition that resulted in the accident
- The property owner should have known the dangerous condition existed and taken the property steps to prevent injuries as a 'reasonable person' would have done
- The property owner knew the dangerous situation existed and took no action to correct it
Determining Liability for a slip and fall accident is often done by using common sense. A lot of juries and judges decide if the owner of the property was careful by determining whether or not they took the proper steps to keep the property safe. The law will concentrate on whether or not the owner has made regular efforts to keep their property clean, safe, and up to proper code.
What You Should Do If Injured in a Slip and Fall Accident
If you've sustained an injury from a slip and fall accident on someone else's property, there are steps to take immediately:
- Photograph and inspect the area where the accident happened
- Determine what caused the slip and fall
- Locate anyone who might have seen the accident
- Get phone numbers, names, and addresses of any witnesses
- If the incident occurred on public property, make sure you notify the supervisor or manager of the building right away
- Seek medical attention
- Contact Batts-Daniels Law to learn if you are entitled to compensation
Batts-Daniels Law is ready to represent you in and out of court to make sure your rights and livelihood are protected. We will aggressively fight for you no matter what the circumstances and work towards establishing liability and proving damages owed to you. Contact us today and learn how we can help you get through this difficult and painful time.