Navigating Liability in Slip and Fall Incidents
At Lebowitz & Mzhen Personal Injury Lawyers, we understand the complexities involved in establishing fault in slip and fall accidents. If you've had the misfortune of sustaining an injury due to a fall on someone else's property, assessing liability is crucial for your case.
Slip and fall incidents can lead to severe injuries, and in many instances, the property owner where your accident occurred may be held accountable. However, the condition of the floor or ground, whether indoors or outdoors, is subject to many factors. A certain level of hazard is to be expected in daily life—ordinary wear and tear, environmental conditions, and necessary fixtures like grates all play a role. Not every occurrence of a fall will result in the property owner's liability.
The onus to maintain vigilance over one’s own safety applies to us all. Yet, property owners are obligated to maintain their premises to prevent accidents. Determining if you have a viable slip and fall claim predominantly turns on the property owner's attentiveness in preventing hazards and on your own actions leading up to the fall.When is a Property Owner Liable?
A property owner might be legally liable for your slip and fall injuries under these circumstances:
- The owner or an employee caused the unsafe condition leading to the slip and fall.
- The owner or an employee was aware of the hazard but failed to rectify it.
- The owner or an employee should have been aware of the dangerous condition, as a reasonable individual in charge of the property would have found and dealt with it.
Often, "reasonable knowledge" is the basis for these cases and is assessed by applying common sense judgments. Courts consider whether the property caretaker's efforts to prevent such incidents were adequate.Assessing "Reasonableness"
To evaluate the reasonableness of a property owner's conduct, several factors are considered:
- Did the property owner implement a routine process to check, cleanse, or fix the premises? Is there evidence of this procedure?
- Was an object causing your trip or slip left on the ground without a legitimate purpose, or could it have been secured or warned against?
- Could the accident have been averted with proper lighting or a visible warning?
A favorable response to any of these inquiries might strengthen your compensation claim. Yet, it's also important to reflect on whether your actions contributed to the accident.Evaluating Your Conduct
Part of establishing fault in slip and fall cases involves considering your own actions at the time of the incident. To better evaluate your situation, consider questions like:
- Did you have a justifiable reason to be in the hazardous area?
- Were there clear indications that the area was potentially dangerous?
- Could the accident have been prevented by your own vigilance?
Understanding your own role in the accident is key, not only for an insurance adjustor but also for a comprehensive evaluation of your claim.
For personalized attention to your slip and fall case and to explore your legal options, contact Lebowitz & Mzhen Personal Injury Lawyers at (800) 654-1949. Avail yourself of our Free Consultation to ensure experienced and compassionate guidance as you navigate the often complex path to securing the compensation you deserve.