Who is Liable in Slip and Fall Accidents?
What is a slip and fall injury?
When an individual trips and falls on someone else’s property, it is referred to as a slip and fall injury. This type of incident can occur in any location, under a wide variety of circumstances.
Property Owners and Liability
Property owners will vary widely in how liable they are to the injured party. In short, property owners are expected to maintain their properties to a reasonable degree, even in conditions such as inclement weather. They are required to place signs in appropriate locations to alert anyone to recently waxed or polished floors. If the injury occurred due to poor lightning or other factors within the owner’s control, then the owner is likely responsible. However, there are instances when the owner’s responsibility is lessened.
When is the injured party responsible?
Slipping and falling on someone else’s property does not automatically make the other party liable. Under the theory of comparative negligence, if a person’s negligence contributed to his or her injuries, then the awards received could be significantly reduced. Was the person distracted in some way that could’ve been reasonably avoided? This legal standard is used by many states, and a judge will determine the degree to which the injured party or property owner is at fault.
Time is of the essence
Each state will have a different statute of limitations, which means that you have a limited amount of time to assert legal action against another party.
If you’ve suffered a slip and fall injury, contact us immediately.