How Do You Determine Fault In A Slip And Fall Accident?
Did you recently suffer a serious injury from a slip and fall accident, and you are looking to seek compensation from the responsible party? If so, it's important to know how fault is determined in a slip-and-fall accident.
Did The Property Owner Have A Duty Of Care?
Simply having a slip and fall accident is not enough to file a personal injury lawsuit. The property owner must have some sort of duty of care to prevent the hazard that caused the slip and fall accident. Not meeting their duty of care means that they could be held responsible for any injury that was caused by the slip and fall.
For example, a business owner is responsible for making sure that their business is safe for employees and customers. This means that they need to take steps to prevent accidents from happening, as they are inviting people into their place of business to work or shop.
Was The Hazardous Condition Preventable?
A property owner would only be liable for a slip and fall injury lawsuit if the hazardous condition was preventable. This is often the case when there is water on the floor that can cause slippery conditions, uneven pavement that has been ignored, or some sort of hazardous condition that the property owner knows about. The hazardous condition must also be something that is easy to identify and repair. For example, water on the floor can easily be mopped and have a wet floor sign placed next to it.
Were You Negligent In Any Way?
Simply having a hazardous condition is not enough to justify a personal injury lawsuit. If you are found to be negligent in your own actions that caused the clip and fall to occur, this could cause your case to be dismissed or reduce the amount of compensation you receive. This is often the case if someone is distracted when the slip and fall happens, running when they should not be, or behaving in some way that is considered reckless or careless.
Was The Hazardous Condition A Direct Cause Of The Injury?
You must be able to prove the hazardous condition that caused the accident was a direct cause of your injury. An issue that can diminish a personal injury claim is if the injured person had some sort of preexisting condition that contributed to the injury. For example, if you already had existing back problems and the slip and fall aggravated your injury, it could be argued that you were only injured because of the preexisting condition.
Contact a firm like The Stubbs Law Group to find out more.