Slip and fall accidents can happen anywhere and at any time. A person can be walking on the road and fall. Also, a floor in the house can be wet, which causes someone to fall. These slip and fall cases oftentimes result in serious injuries for the victims and, in extreme cases, fatalities.
These victims of slip and fall oftentimes seek fair compensation for the damages they have suffered, but the compensation can only be gotten when liability is properly determined. Victims of slip and fall cases need to consult a slip and fall injury attorney to help them with determining liability and negotiating fair compensation for them.
In these cases, premises liability must be understood. Premises liability is a legal concept that holds that property owners and occupiers are responsible for ensuring their property is safe for visitors.
So, these property owners must maintain the property, warn visitors of potential hazards, and take steps to prevent accidents. So, how is liability determined in a slip-and-fall case?
The first step in determining liability in a slip and fall case is to determine who is the owner of the property where the slip and fall accident occurred. Sometimes, it is not the owner, but the person in control of the property where the accident occurred will be held liable. Those in ownership and control could be the tenants, managers of the property, and the property owners.
The duty of care also helps in determining liability in slip and fall cases. The question that is often asked is whether or not the property owner or occupier has a duty to protect visitors from harm. Their duty of care involves warning visitors to their property of any potential hazards, maintaining their property, and putting adequate measures in place to prevent accidents from occurring.
The liability of a slip and fall case is determined by the property owner's breach of duty of care. It must be shown clearly that they failed to maintain their property well. They did not warn their visitors of dangers on their property, and they did not maintain the property the way they were supposed to. It must also be seen that the breach of duty directly caused the slip and fall accident, and the accidents or damages that the victim suffered are a result of the accident.
Besides these factors, if there were warning signs and notices put up by the property owner or the people in control of the property, they would not be held liable. If there are clear maintenance records and eyewitness testimonies about the accident, it can help determine the responsibility of liability in the slip and fall case.
So, if you are a victim of a slip and fall case, since it can get complicated to determine liability and get compensation, you should consult a lawyer to help you navigate the process and ensure you receive fair compensation for your injuries. But do your best to take adequate measures to prevent being involved in a slip and fall case.
