Wells, Purcell & Kraatz

How Do You Prove Fault In A Slip And Fall Accident?

Slip and fall accidents injure and even kill thousands of individuals every year. The most serious slip and fall cases involve faulty stairs, slippery floors, and uneven pavements. The main question is, who is at fault for these slip and fall accidents? Sometimes, it might be the property owner, but other times, it could be another entity’s fault. The natural part of life is that things are going to spill and smoother surfaces are going to become uneven, which are factors that each individual needs to take into account.

A property owner cannot always be held liable following a slip and fall where there was a slippery substance. There are objects that are installed on the ground which serves its purpose like a drainage gate. Likewise, the property owner would not be liable for a person who slips and falls on an object that they should have seen and avoided. Everyone has a duty to watch out for their own well-being. Nevertheless, just like an individual has a duty to watch out for their own safety, a property owner must ensure that their property is well-maintained and safe for others who visit the premises.

Slip and fall cases turn on whether the slip and fall happened because the property owner did not act carefully to avoid the accident because determining precisely who is legally responsible for a slip and fall is complex. Cruise ship slip and fall lawyers has compiled certain rules that can help the victim determine who is at fault for the injuries sustained by the slip and fall.

Determining Who is At Fault

In order for a property owner to be legally responsible for slipping and falling on their property, one of the following elements must hold true:

  • An employee or the actual owner must have created the hazard (spill, dangerous surface)
  • An employee or the owner must have known about the hazardous surface
  • An employee or the owner should have reasonably known about the hazard if they were properly caring for it

Liability in the cases where the individual should have “reasonably” known is determined with common sense because it is less than clear-cut. The jury and judge will determine whether the property owner should have been more careful and if they took the necessary steps to maintain their property safe.

While a property owner can be at-fault, the victim’s own careless acts can lead to a slip and fall. If they do not try to avoid falling or simply walk into a hazardous object, the property owner would not be liable for the slip and fall.

Helping Victims of Slip and Falls in Miami, FL

Slip and falls are the number one personal injury cases that are presented to the Miami personal injury lawyers. Slip and falls are responsible for thousands of injuries and deaths. The firm wants to hold the responsible parties for the slip and fall liable for their actions and prevent other individuals from falling victim of a slip and fall.

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