Slip & Fall Injuries: 5 Steps to Determining Responsibility

KariLloyd
August 28, 2013

There are around 37.9 million emergency visits related to injuries every single year in the United States alone. Sadly, this shows that, over time, the likelihood of a person being injured in an accident is very high. One of the most common accidents leading to injury is known as “slip and fall” or “trip and fall” accidents.

These accidents can lead to serious financial loss due to medical bills, but in some instances, these costs may be offset by a civil claim if another party was at fault for the incident. This is why everyone should know how to prove fault if they’ve been injured in one of these accidents.

a) Who caused the Hazard? One way to prove fault in a slip and fall accident is by showing that the owner or an employee at the premises caused the hazard that led to the accident. If an employee spilled something, for instance, the company would be at fault for causing the accident. This is one of the most open-and-shut cases that a person could hope for if they’ve sustained an injury due to an accident of this type.

b) Knew about Hazard? It’s also possible to prove fault by showing that the owner of the premises, or even one of their employees, knew that the hazard which caused the accident existed. If an employee saw a spilled Big Gulp drink, for instance, but just didn’t feel like cleaning it up, the company can be held liable if an individual slips and falls due to the spill.

c) Reasonable Person Knew? As mentioned, fault can be proven by showing that the owner or an employee knew about the existence of a hazard, but it’s also important to note that liability can also be proven by showing that the owner or employee should’ve known about the danger. If it can be shown that a reasonable person who provided proper care for their property would’ve known about and removed the hazard, liability can be proven on this fact alone.

Find an Attorney

While finding an attorney isn’t a method of proving liability, it definitely can help prove to the courts that a form of negligence took place. Accident lawyers are adept at state laws related to negligence and liability, so they’ll be in the best position to help prove that a negligent action directly led to an accident which caused an injury. Even better is the fact that a negligent party is far more likely to attempt a fair settlement offer with someone who has legal representation. Use the web to your advantage to find attorneys like Williams Law Association, P.A. to learn more.

Personal Carelessness

A person must consider their own actions if they hope to prove liability in a court of law. In some states, an individual who contributed to their injury in any form may be barred from recovering compensation.

Venturing into an area while ignoring a sign warning of a hazard is a quick way to become injured and take liability out of the hands of the premises owner. This is an important consideration that everyone should have, and if an individual was negligent at all in their own accident, they should definitely speak with an attorney before bringing forward a claim.

Facing a slip or trip and fall accident can sometimes end disastrously, and sadly, these accidents may even cause lifelong injuries. Luckily, proving that someone’s negligence caused the accident is the best way to recover both physically and financially after the injury. The law is very specific when it comes to assigning liability in these instances, so an informed person with a good attorney should have no problem recovering compensation.

Kari Lloyd is an avid writer, blogger and contributor to a variety of publications both on the web and in print. She is particularly interested in legal matters, and used information found on Williams Law Association, P.A.’s website to research this particular article.