Accidents, where a person trips and perhaps stumbles and falls while on the property or belongings of another person and sustains injuries, are called slip and fall accidents. These mishaps may occur in any setting, at a shopping center, a supermarket, or a park. It can also happen on private property such as a house, an office building, or an apartment complex.
It can be challenging to determine who was at fault in an accident involving a slip and fall because several circumstances could have contributed to the occurrence of the accident. But finding who is at fault in each case may prove challenging.
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Slip And Fall Accident: Who’s At Fault?
The Property Owner Or Property Occupant
When a person trips on something, the thing tripped upon must be owned by someone. It’s why the law assumes that property owners or occupants are responsible for trip and fall accidents because of their possessions.
Property owners are obliged by law to promptly take care of wet or slippery floors. Spills must be mopped immediately with adequate warning to passers-by of the walkway hazard. They must ensure that the floor or walkways are well-maintained without cracks or impediments that may cause accidents. Adequate path lighting must also be provided so people may see possible hazards.
In cases where you or your loved one tripped and fell because of these walk area obstructions, your personal injury lawyer can help you file a lawsuit and ensure your rightful claims against the property owner.
The Victim Of The Fall
It may be funny yet regretful to hear of people causing their own falls and slips. But it’s true for some who work around their homes with no appropriate hazard protection for themselves. People slip and fall because of old age, disease, or misgivings, like not wearing protective boots and leaving their work things lying about.
Some people get distracted, and their attention is on their Facebook and other social media or playing on their smartphones. They failed to notice some obstructions that should have been kept organized in their broom closets or storage rooms.
Forgetting to clean up after an exercise and failing to mop the floors after crawling bouts with babies and children are common hazards that put everyone at risk with slippery floors. Even wearing shoes and slippers with poor traction, or shoes with bad soles, are dangerous, for they can cause trips and falls.
People with physical challenges, sometimes with balance and mobility, are prone to slip and fall without anyone’s carelessness. Their doctors usually warn them of potential dangers, especially when alone and trying to do things independently. But people who slipped and fell because of intoxication or under the influence of drugs have themselves to blame altogether.
For your safety, it’s best that you watch out for potential hazards, even at home and in your daily activities.
The Shared Responsibility
The law requires that in an accident, like in a slip or a fall, legal responsibility is placed upon anyone who failed to exercise reasonable care that could have prevented the accident from happening. Accordingly, it’s a level of care that a prudent and rational person would exercise under the same circumstances.
In a slip and fall accident, the property owner and the injured party are responsible for exercising reasonable care. For instance, the property owner should maintain reasonable care to free their property from obstacles and risks of people slipping and tripping over. On the other hand, the victim must observe proper care to pay attention and avoid these mishaps.
But if the property’s owner failed to put precautions, and the injured party was also carelessly not paying attention to the pathway and had an accident, the fault, and other legal accountabilities may be apportioned.
Ultimately, figuring out who’s at fault in a slip-and-fall accident can be challenging. Even though it is the property owner’s job to make sure the area is safe, the person who gets hurt also has a duty to take reasonable care. It’s better to search through the links here so you’ll have more insights about your case.
You can also check it out with your lawyers for better legal assistance.