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Determining fault in a slip and fall injury

Proving fault in a slip and fall injury can be difficult. After all, thousands of such injuries occur each year—some inconsequential, and some deadly. Accidents can occur on almost any type of terrain that has become unsafe: Stairs, sidewalks, yards, or even regular floors. Even though accidents can occur so easily, determining whether the property owner is at fault can be very hard.

There are several important factors to examine when attempting to determine in slip and fall injuries. Here are a few of the most important:

Did the property owner maintain reasonably safe conditions?

Every property owner must take reasonable steps to make sure that their premises are free from dangerous conditions. Of course, someone who ventures onto the property must also use a decent amount of personal caution. But if the conditions of a property are found to be reasonably unsafe, the owner could be liable.

Was the property owner or employee aware of the danger?

If there was a dangerous condition on the property and the owner, his employee, or another reasonable person in their positions should have known about the danger and fixed it, they may be legally accountable.

Was there a danger that was ignored?

Perhaps the property owner or employee did know about a dangerous condition on the premises, but did not make any action to repair it. This is very serious, especially if it can be shown in a court of law that it led to an injury.

Did the property owner cause the dangerous condition?

The owner could be responsible if it can be shown that he or she actually caused the condition that led to the injury—say, by causing a spill or breaking something.

Could the accident have been prevented?

Property owners are not always responsible for accidents that happen on their premises, particularly if the injury resulted from something that a reasonable person could have avoided. But the owner could be at fault if they could have prevented the injury by caring for their property better.

If you have been injured in a slip and fall accident, one of the best ways to determine who is at fault is to contact an attorney who has experience in personal injury and premise liability.

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