Slip and fall claims are one of the most commonly filed types of tort claims, but this does not mean that they are the simplest. It can often be difficult to determine whether a property owner was responsible for the accident that took place. If you have been injured and are considering a slip and fall claim, here are three questions that you should be able to answer to prove your case.
Did the Property Owner Have Notice of the Hazard?
Slippery floors, potholes, and other potential causes of a fall are unavoidable parts of life no matter how diligently one tries to prevent them. A property owner cannot be held liable if he or she had no way of knowing that the problem existed or did not have proper notice to correct the problem before the accident occurred.
Common examples of situations where a property owner would not have had adequate notice to correct a hazard would be tripping over groceries that had just been spilled in a store, or if a roof had just begun leaking and the landowner was waiting for the weather to clear up to repair it.
Was the Property Owner Negligent in Remedying the Problem?
Even if a property owner is aware of a potential fall hazard, he or she may not be able to fix the problem immediately. Certain problems may require the landowner to wait on a contractor to repair, such as plumbing leaks, roof leaks, and severely damaged floors.
If repair is not currently possible, the property owner cannot be held accountable if he or she took reasonable steps to prevent an accident. If the property owner had set out wet floor signs or a barrier that blocks off the affected area of the property, he is not likely to be liable for the accident because he is not being negligent.
Did the Victim's Carelessness Contribute to the Accident?
Property owners only have so much that they can do to prevent an accident. If the victim of the fall was being careless, they may be considered to be at greater fault. Victims who were talking or texting on a cell phone when the accident occurred or trespassing in areas of the property that are not meant for visitor access are not likely to have a valid slip and fall claim.
Proving the liability of the property owner is always the most difficult part of a slip and fall claim. If you can prove that the property owner had notice of the hazard, was being negligent in remedying the problem, and that you weren't being careless when the accident occurred, you likely have a valid slip and fall claim. For more information, contact a local law firm, like Putnam Lieb.
Share