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Although slip and fall accidents may be frequently used as jokes on sitcoms, those who end up being injured often find that they are no laughing matter. First, it can be difficult to determine who is responsible when someone trips on a sidewalk and suffers an injury. Getting to the heart of the matter and analyzing whether or not the accident occurred as a result of negligence is crucial.
Under the concept of premises liability law, when a person is injured on another person's property, the property owner may be held liable for the victim's injuries. Property owners are generally responsible for maintaining a safe environment, and failure to do so could result in civil lawsuits and fines. A property owner could be held responsible if a person enters their property and slips and falls due to a spill on the floor, for example.
Who Is Liable for a Slip and Fall Accident?
When a slip and fall injury occurs, there are several parties that may potentially be held liable depending on the circumstances. These might include one or more of the following:
In order to successfully bring a premises liability claim for a slip and fall accident, the plaintiff will need to be able to prove that the other party was at fault. They'll need to be able to show one of the following:
Just because a person sustains an injury on another person's property does not automatically guarantee that the property owner is liable for damages or that the injured person is eligible to receive the full amount of compensation. Oftentimes, the injured victim's actions need to be considered too. Under the concept of comparative negligence, if an injured party is partially responsible for their own injuries, they may find their compensation reduced by the amount that they were found partially at fault. Depending on the state where the incident took place, the injured party may even be barred from collecting damages at all.
Examples of such cases include:
A person who is injured in a slip and fall case may find it difficult to determine who is at fault for their injuries. In such cases, a personal injury lawyer may be able to look at the facts of the case to determine which of the parties involved might be liable. In addition, a lawyer could help a victim to prove that they were not responsible for their own injuries, which could ultimately help them to receive the maximum amount possible in a slip and fall settlement.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified slip and fall lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local slip and fall attorney to discuss your specific legal situation.