Who Is Responsible For A Slip And Fall?

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Slips and falls are common, but they can be very dangerous. When you fall and injure yourself as the result of a slippery surface on another person’s property, they could be held liable for your injuries. Property owners can be accountable for any damage claims if they knew about the hazard and did nothing to fix it and prevent the accident from happening. If you have suffered an injury due to another party’s negligence, it is crucial to seek skilled advice from a slip and fall lawyer. Your lawyer can help you determine who is at fault for your accident and get compensation for any injuries you had after the accident.

Who Is Accountable For My Accident?

Under the premises liability law, an individual can file a lawsuit against the owner of an area if they are injured due to hazardous conditions on that very property. Premises liability law operates in the same fashion as any other type of injury. You have to prove that someone else’s negligence or recklessness caused your accident, and you then recover compensation for damages caused by that negligent act. The accidents can be attributed to the property owner if one of the following is true:

  • That the property owner knew of and neglected to fix a dangerous condition
  • That the property owner knew of and failed to take measures to prevent the accident from happening
  • That the property owner created the situation that led to the accident.

Factors In Determining Liability

It is the responsibility of property owners to make their premises safe, clean, and up-to-code. As such, in determining who is liable in a slip and fall accident, most courts make a judgment about who was responsible for any safety breaches on the basis of whether the owner took reasonable steps to keep visitors safe and ensure that cleanliness standards were kept up in accordance with local code. Was the property kept clean? Were there measures taken to prevent injury? Do they have a history of neglecting these steps that led to injuries unexplained?

Aside from the factors discussed above, there are other elements that play a role in determining who is responsible for a slip and fall case. These include:

  • Whether how long had the hazard been present and has there been ample time for the property owner to address it.
  • Did the owner address the issue reasonably?
  • Did the victim’s behavior contribute to the accident?

The injured person may also be held partially responsible in some cases. Comparative negligence is a legal system where an injury victim can be held partially liable for the accident with regard to their caution or carelessness before the accident occurred. Such a system determines who will receive compensation and how much they are eligible to receive.

How Much Will I Be Compensated?

Damages are the basis for how much money a liable party has to pay in personal injury cases. Legal damages are typically calculated based on the type and severity of your injury. These consist of medical bills, lost wages, reparations for your pain and suffering, and etc.  

Coming up with an accurate financial measure of your related losses can be easy. But it can be difficult to ascertain a monetary value for your pain and suffering. There are no binding laws dictating the amount that someone will get from a specific injury. 

Pain and suffering compensation is calculated by the jury if you win your high-pain lawsuit. Depending on the case, that value can be different taking into account both the nature of your injuries and how severely they impacted you. The greater the injuries, and their impact on your life, typically will mean the higher amount of compensation for your personal injury problems.

Working With A Professional

Unfortunately, the process for proving negligence and liability in slip-and-fall accidents is complicated. But an experienced slip and fall lawyer can help you receive the compensation you deserve. A personal injury lawyer understands all the facets of a slip and fall case, including understanding how negligence might apply in your situation.  

If you or someone close to you has been injured due to a slip and fall accident, seek assistance from a legal expert. Accidents can create complicated legal problems that require the assistance of an experienced attorney. You deserve the best care for your injuries – contact a slip and fall lawyer to help!

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