Slip-and-fall accidents can be very dangerous. Sprains, strains, broken bones and other injuries can occur. For a person who is injured in a slip-and-fall accident, the question that might come up is whether to seek compensation or not. One crucial point that can help to determine the answer is whether fault can be proven.
Property owners have a duty to keep their property reasonably safe. This, however, doesn’t mean that they can automatically be held liable for a slip-and-fall accident. Instead, the fault of the property owner is weighed against the care that the person who fell should have taken.
It is important to note that a person who is injured in a slip-and-fall should have taken care to avoid obstacles that any reasonable person would avoid. For example, a person walking up a driveway likely wouldn’t step directly on a fallen rake handle. Instead, they would cross over it or go around it.
One instance in which fault might be easier to prove is if the property owner knew of a danger and didn’t try to fix it. For example, this would occur if the property owner knew of a broken step on the staircase but didn’t have it fixed.
Understanding how to prove liability can be complex. If you or a loved one was injured in a slip-and-fall accident, seeking out evidence to prove liability is something that comes only after getting the medical care necessary. Seeking compensation after you determine who is liable for the accident might help to take some of the financial pressure off of you.
Source: FindLaw, “Proving Fault in Slip and Fall Accidents,” accessed June 23, 2015