How Is a Fault Determined in a Slip and Fall Injury Case?

Determining the fault in a slip and fall accident case is not easy. Many factors determine whether the property owner is liable for the accident. You have to gather evidence and marshal facts to prove liability in case of a slip and fall accident.

How Is the Fault Determined in a Slip and Fall Accident?

The property owner is responsible for injuries due to a slip and fall accident. According to state laws, the property owner has to care for the people present on their premises. The property owner is liable in case of an injury to both invited and business guests and trespassers.

No matter who is present in the property, the property owner must make sure that the property is safe for everyone.

Negligence

A property owner has the due to care for the individuals present on the property. In large commercial organizations, the operational manager or the division head is also responsible for the proper maintenance of the property. Negligence in providing the duty to care will make the property owner or the manager liable for the injuries.

Control Over the Accident

Any party that has control over the situations is liable for injuries due to a slip and fall accident. For instance, a retail manager has control over keeping the floor clean. A homeowner is also responsible for ensuring the safety of the household.

But some situations are beyond the control of both the manager and the property owner. An example is when the hazardous condition is created by a guest. In this situation, the manger or property owners are not responsible if there was no reasonable time for them to become aware of the dangerous condition.

Partial and Full Responsibility

An important factor that affects slip and fall accident cases is partial and full responsibility. In a slip and fall accident case, the lawyer of the property owner or manager may make a point that the injured person was partially responsible for the accident.

Liability, in this case, varies in different states. In states with pure comparative negligence, the victim will receive compensation even if partly responsible for the accident. The victim’s compensation amount will decrease based on the percentage of their fault in the slip and fall accident.

On the other hand, in states with contributory negligence laws, the victim will not receive anything if found to be partially responsible for an accident.

Make sure that you contact an experienced slip and fall lawyer if injured due to negligence of a property owner. An experienced slip and fall attorney will make a thorough evaluation of your case to determine the fault of the property owner or manager.

Getting the help of an attorney will greatly improve your chances of a successful compensation claim. The attorney will help you gather the required evidence that proves the guilt of the at-fault party without any reasonable doubt.