search
top

Proving Liability In A Slip And Fall Accident

Accidents can happen even in places you thought safety was a priority such as in apartments or other commercial establishments. When these accidents do happen, the result could often be devastating such as an injury or worst death. According to the website of Bruner Law Firm, there are instances when the accident was caused by the property owner themselves. Under the premise liability law, the landlord or building owner could be held liable for the injury or death of the plaintiff.

In a slip and fall accident, it is up to the plaintiff to prove that the defendant was liable for their injuries. To make the defendant liable, they have to prove that they committed any one of the following:

  • The owner of the property was able to recognize a dangerous hazard but did not do anything to remove or repair the dangerous condition. A major question here is whether or not a reasonable person would have deemed the condition as hazardous or whether they had plenty of time to remove the hazard before the accident happened.
  • The property owner was the principal cause for the slip and fall accident by leaving the dangerous obstacle in a walking path when they could foresee that someone could trip and fall because of the obstacle.

In a slip and fall accident claim, proving negligence always comes with the question of reasonable prudence on the part of the defendant. There are certain factors that could have affected the accident such as the time the hazard had been existing for the defendant to have done something to remove the hazard. Another factor to consider is the justification for the potential hazard and its existence when the accident happened. Third, the preventive measures that the property owner implemented to avoid the slip and fall accident.

Another argument in slip and fall accident is the liability of the plaintiff. Such reasoning can be useful in determining comparative negligence and contributory negligence. In the former, the damage that will be awarded to them will be lessened depending on their percentage of liability in the accident. With the latter, on the other hand, the plaintiff will not be able to receive damages if they were responsible for any degree of liability in the accident.

To prove that the plaintiff was liable for the accident, the defense would have to show the activity of the plaintiff which could have barred them from seeing the obstacle. For example, were they texting or talking on a cell phone? Did they ignore any signs posted on the premise which caused the accident?

Leave a Reply

Your email address will not be published. Required fields are marked *

top