How Is Shared Fault Determined in Slip & Fall Cases?

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2 years ago

When someone falls on a slippery surface, the law decides whether or not that person is at fault. This article discusses how courts determine who is at fault in slip and fall cases by discussing some of the significant factors that affect who might be responsible for this type of incident. The law does not always hold a person liable. This means that if a person is not at fault, then they will not be expected to pay for any damages that they caused. However, if the individual who fell on the slippery surface ignored warnings about the danger and still lost, they might be considered at fault. Whoever owns or controls the property where a slip and fall occurred might also be found at fault.

There are a few things that can cause a risk of injury when a person slips and falls on a slippery surface. The most common types of slip and fall accidents happen in cases where people fall on a wet or oily surface, whether or not someone is at fault. When these surfaces are not dried, damp, or oily, then people tend to slip and fall more often. Carpeting often causes slip and fall accidents. No matter what type of flooring you choose for your home or workplace, it can be hard to stop people from getting injured if they are on a slippery surface. It would help if you made sure that your employees clean up any spills and wipe up excess water so that people know that the surface is slippery.

Theories of Fault

The first thing people will have to decide in a slip and fall case is whether or not there was a warning about slippery surfaces. If an individual ignored those warnings, the person might be considered at fault. It is doubtful that an individual unaware of the slippery surface would get injured, but you should still make sure that all of your employees are aware of the dangers. In another type of slip and fall case, the law might also find that it is too difficult to determine who caused the accident. When there is no evidence that the person who fell ignored any warnings and the property owner cannot prove negligence, then the person who slipped and fell might not be considered at fault.

Did the Property Owner Act Reasonably?

If you own or maintain a property, then there is no need to worry if people still slip and fall on that property. However, when the person was injured, then it might be essential to know who was responsible for that person falling on that slippery surface. In most cases, when a person slips and falls on a property, he or she will have the right to have their case heard by a judge. When an individual slips and falls on a property owned by somebody else, it does not matter if the property owner followed all the rules for that area. There are also other instances where the law might find that a person was at fault, even if they did not slip and fall from something on or on that property.

How the Plaintiff May Share Liability?

If a person is injured on someone else’s property and the property owner did not follow all of the safety rules, then the property owner might be responsible for any damages. If a person does not slip and fall, then he or she might still be found liable for damages. For instance, if someone threw something in front of a business and caused an accident, then that person may have to compensate the injured party. In some cases, both parties might have to share fault. For example, if someone got a little bit of oil on their shoes, and then he or she walked on the carpet in a grocery store, which was covered in oil, and slipped and fell. In that case, both the person who dropped and the business owner might have contributed to the accident. If you are involved in a slip and fall accident, you need to talk to a lawyer about your case.

Other Source of a Slip and Fall Accident

Some people will not realize how dangerous slippery surfaces can be until they find themselves injured. Some people will slip and fall from something on somebody else’s property. When this happens, the property owner may be liable for the injuries. Property owners must check their property for unsafe conditions and warn people of hazards. If a property is dangerous because of something outside the owner’s control, they might not be held responsible for any damages due to the slippery surface. The person might still have to compensate an individual who slipped and fell on a wet or oily surface when unaware that it was damp or oily.

Bottom line

Slip and fall accidents can happen to anybody. However, there are some uncommon situations that people should be aware of. In some cases, there may be a question about who is at fault because of how the accident happened. You should report all slip and fall accidents to your employer or manager. At that time, you might want to contact an attorney to help you file your claim.

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