Slip and Fall Injury and Premises Liability
Slip and falls cause thousands of injuries a year, some of which are quite serious. One misstep on a slippery floor or broken step can land an unassuming victim in a wheelchair, while a stumble over a manhole cover can cause anything from a broken leg to a permanent spinal cord injury. These and similar slip and fall accidents can be perilous.
Premises liability law governs slip and fall accidents and determines who is at fault for them. Premises liability laws vary from state to state and jurisdiction to jurisdiction. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe as well as whether or not you - or the victim - were careless, thereby contributing to the slip and fall accident. For example, a restaurateur is not necessarily liable should you fall on a wet floor in the restroom if the area was clearly marked with a yellow "caution" sign.
Premises liability is a complex area of law it is important to consult with a qualified personal injury attorney in order to protect your legal rights.
Determining Fault in a Slip and Fall Accident
To help determine who is to blame for your slip and fall injury, try asking yourself the following questions:
- If you slipped on a spill in a mall, had it been there long enough that the property owner should have been aware of it?
- Has the property owner instated a standard cleaning/maintenance schedule for the premises and if so, can he offer proof?
- If, for example, for you tripped over a stack of boxes beside a shelf in a grocery store, was there a good reason for them to have been on the floor instead of the shelf? Could they have been safely and conveniently placed elsewhere?
- Could the slip and fall accident have been prevented had there been a proper barrier or warning sign?
- Was the slip and fall accident caused, at least in part, by poor or dim lighting?
- Did you have a valid reason for being at the site of the slip and fall accident?
- Were you paying full attention at the time of the slip and fall accident?
- Was the area properly labeled?
- Would a reasonable person have been able to avoid the slip and fall accident?
Do you have a case involving premises liability due to an slip and fall accident? Fill out our online form and we will contact you about your case. Please click here to go to our online form.
