Slip and fall accidents cause thousands of injuries every year, including many trips to hospital emergency rooms. Some accidents can be linked to typical everyday life — clumsiness, hurriedness or inattentiveness on the part of the injured. However, some accidents can be caused by the negligence or wrongdoing of another person or entity. In cases when a slip and fall accident is caused by the lack of care of a property owner, compensation may be due to the victim.
If you find yourself suffering injuries because of a property owner’s or manager’s negligence and failure to warn of or correct a hazard, get help from David Bressman by calling 877-538-1116.
Liability in a Slip and Fall
Proving responsibility on the part of a property owner in a slip and fall premises liability claim is a primary element of building a viable case. This is not always a clear-cut process, and determining liability can be a challenge in some scenarios. A case must establish certain elements in order to recover damages.
- The property owner caused the accident: You must be able to prove that some type of negligence caused you to fall and become injured. In some cases, the property owner actually caused or created the hazard. If the property owner failed to keep up with standard maintenance tasks or ignored a hazardous situation such as a spill, a broken step or poorly placed object, you may be able to prove that your damages resulted from this lack of care. If employees or other designated individuals are responsible for property upkeep and oversight, the property owner is still responsible for injuries sustained as a result of neglect or incompetence.
- The property owner or other responsible party knew (or should have known) about the hazard: If there was no way for the property owner to know about the situation that caused your slip and fall, you may have difficulty proving your case in court. For example, if were in a fast food restaurant and slipped on a spilled soda that was knocked over seconds prior to your accident, you may have difficulty proving that anyone was negligent. However, if the soda was spilled an hour prior and no one cleaned it up, then you would have a much stronger case.
- Another reasonable person would have taken care of the situation in a timelier manner: Many property owners will defend themselves by saying that they were unaware of the potential danger described in a claim. The plaintiff should be prepared to demonstrate how another, more attentive or competent property owner would have noticed the problem and fixed it before anyone was injured.
Additional Factors Affecting Slip and Fall Cases
In many cases, it is possible to gather evidence to support a slip and fall premises liability case. Consider the possible opportunities for proving responsibility of the property owner.
- Can you show the age of the defect? Is there wear on the broken flooring or torn carpet that suggests that many other people have traversed the area prior to your injury occurring?
- Can you prove that the property owner was neglectful in other areas of the property? Is the overall state of the restaurant, store or other location in poor condition? It may be easier to convince a judge or other party that the owner is less than conscientious in upkeep and safety on the property.
- Does the owner and/or staff follow a set maintenance schedule to ensure proper care of the premises? Showing that there was no implemented practice for inspecting restrooms or another area where you were injured may help your case.
- Was there signage that indicated a hazard was present? Check to see if there is any opportunity to install warning signs or to rope off an area that presents a safety hazard and caused your injury.
- How is the lighting on the property where you were hurt? Is it possible that you fell due to an inability to see where you were walking?
David Bressman Helps Gahanna Slip and Fall Accident Victims
David Bressman helps victims with personal injury and premises liability cases. If you sustained an injury in a slip and fall accident, you can call David Bressman to review your case. Call 877-538-1116 to schedule a consultation or set up a consultation via our online contact form.