Who Can Be Held Liable For a Slip & Fall Accident?
ach year, thousands of people are severely injured from slipping or falling. Although many people think that the property owner is automatically liable for these incidents, this isn’t always the case. In fact, it can sometimes be difficult to establish who is at fault for a slip and fall accident. In this blog, we explain how liability for these types of incidents is determined.
Was Your Accident Preventable?
Before filing a lawsuit for your injuries, ask yourself: Could the accident have be avoided if the property owner had been more careful? Property owners are not responsible for things that could have been avoided by a reasonable person. We all have a responsibility to be aware of our surroundings and to make efforts to avoid hazardous conditions.
Reasonable Safety Conditions
Property owners need to take reasonable measures to ensure their property is free of dangerous conditions that can cause a slip and fall. Reasonableness is usually contrasted with the care that the injured individual should have used. Below are guidelines that courts and insurance companies use to determine fault in a slip and fall case. You will need to show:
- The property owner should have been aware of the dangerous condition
- A reasonable person would have known about and fixed the dangerous condition
- The property owner was aware of the dangerous condition, but did not repair or fix it
- The property owner caused or created the dangerous condition
Any personal injury claim will need proof of the actual slip and fall accident and the injuries you sustained. Complete an accident report immediately after a slip and fall occurs. The accident report should include specific details about the environment you slipped and fell in. This includes lighting conditions, the kind of floor or surface you slipped on, and any hazards that could have caused you to fall.
Do you have more questions about who can be held liable for a slip and fall accident? Call (918) 721-0998 to speak with our Tulsa team of personal injury attorneys today. We’re here to help.