Determining Liability in Slip and Fall Accidents
In a slip and fall accident, it can be difficult to determine who is liable. Each case is subjective, so determining liability is done on a case-by-case basis. There are multiple factors that go into determining who is liable.
Learn more about how liability is determined in slip and fall accidents from personal injury attorneys of Kaplan & Lukowski, LLP.
Property Owners’ Responsibility to Maintain Safe Conditions
Property owners have a responsibility to maintain a safe environment. They should be taking reasonable steps to ensure that their property is free of dangerous conditions that could cause a person to slip.
This responsibility is countered, however, by the responsibility that also falls on the injured party to prevent avoidable injuries.
Reasonableness in Slip and Fall Accidents
Reasonableness must be taken in consideration when determining fault for a slip and fall. It must be determined if a “reasonable” person would have known and should have fixed a dangerous condition.
Some questions that would be asked to determine reasonableness are:
- How long has dangerous condition been present? For example, if there has been a leak for several months, there is no reason it couldn’t have been fixed in that time frame.
- Would a person of reasonable caution have been able to notice the danger and avoid the accident?
- What kind of routine cleaning and maintenance does the property owner complete? For example, does the owner inspect the property daily to be sure that there are no dangerous conditions and to maintain the property to good standards?
- If the injured party fell over something, was there a legitimate reason for the object to be there? Did the legitimate reason exist at the time of the accident? For example, if there was a paint can on the ground, was there painting being done at the time of the injury? If there was a paint can, but no painting being done to the property, then there wasn’t a reason for the paint can to be left out.
Slip and Falls Caused by Carelessness
Carelessness must also be considered. If your own negligence contributed to your accident, you may be given less compensation for your injuries and damages.
Questions that might be asked to determine carelessness:
Do you have a legitimate reason to be on the property at the time of the accident? For example, were you supposed to meet the owner at the property? Was the owner aware you were coming and did you come at the designated time?
- Were you engaging in an activity that could have contributed to the accident? For example, running indoors or texting while walking.
- Did the owner place barriers or a sign to warn people of a dangerous condition? For example, was there a “wet floor” sign over a leaking spot?
Contact the Personal Injury Attorneys of Kaplan & Lukowski, LLP
If you have experienced a slip and fall accident that you feel was caused by negligence of another party, contact Kaplan & Lukowski, LLP.
Call 404-845-0012 or fill out our online contact form to schedule your free consultation.