Determining Slip and Fall Liability Following an Accident

October 4, 2013

Slip and Falls

slip and fall liabilityThe common assumption is that the property owner is responsible for injuries sustained in a slip and fall accident. This is not necessarily always the case. Liability in a slip and fall situation is determined by various factors and the person suffering the injury can also be found to be responsible.

Things fall or drip

It can reasonably be expected that things will fall, drip or be placed on the floor. Surfaces can become uneven. Drainage grates and thresholds are part of everyday life.

In some cases, it is unreasonable to expect the property owner to be immediately aware and clean up a potential hazard. People are expected to be observant enough to avoid slip and fall hazards. The individual must take into consideration where they are walking.

Who is liable?

Liability in a slip and fall cases can be assigned to multiple parties. Reasonable behavior and carelessness are two important determining factors.

When may property owners may liable?

  • The property owner or an employee caused the hazard.

  • The property owner or an employee must have known about the problem and took no steps to correct it.

  • A reasonable caretaker of the property would have discovered the risk and taken steps to correct it.

When may an injured person be to blame?

  • There was no legitimate reason for the injured person to have been in that area.

  • A prudent person would have seen the danger and either walked carefully or avoided it altogether.

  • Warnings were in place regarding the dangers of that area.

  • Behaving in a way that could cause a slip and fall, such as running, jumping or engaging in horseplay.

If You’ve Been Injured, We Can Help

Carelessness in a slip and fall liability case can be assigned to both parties in a slip and fall incident. In order to understand the best way to protect their rights, Florida slip and fall accident victims may wish to contact an attorney for more information. Call (727)-217-5977 for a free initial consultation and case evaluation from the law offices of Abrahamson & Uiterwyk.

 

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