Slip and fall accidents are commonly seen within personal injury law. These types of cases generally start when someone slips or trips on someone else’s property, and aims to hold the property owner responsible. Falls on personal property can occur with the presence of torn carpets, uneven floors, poor lighting, narrow steps or wet floor. However, falls on government entities can include things like cracked sidewalks or potholes on the ground. All of these accidents fall under “premises liability” claims, and the property owner could be held legally responsible for injuries or damages.
While there is no exact way to determine whether someone is liable for a slip and fall accident, there are a few guidelines that personal injury lawyers are to follow. First, in order to hold a property owner responsible for a slip and fall injury, the person must have sustained either a minor or major injury. In order to file a claim, it must also be determined that the property owner did not act carefully and foresee potential accidents. Many slip and fall incidents are caused by carelessness by either the injured party or the property owner, so it can sometimes be a challenge to determine who is at fault.
Depending on the type of property, there are several different guidelines that are followed for slip and fall incidents. In residential settings, liability is determined on whether or not the landlord had control over the slip and fall, if repairs would have been expensive or difficult, or if there had been any prior knowledge of the dangerous area. Local, state and federal government entities have other rules that must be applied to every slip and fall situation that shields such entities from being held liable. Lastly, for a store, restaurant or other privately owned entity, the owners must have caused the spill, wear and tear, or other dangerous elements that caused the accident and the employees must have known of this and did nothing to rectify it.
If you or someone you know has sustained a slip and fall injury, contact Nantha & Associates for help or information. https://www.nanthalaw.com/contact-us/