Every year, thousands of injuries are caused by a slip and fall accident. Who is to blame for this is often difficult to ascertain, and oftentimes the only resolution is to launch a slip and fall legal case. So why are these cases so difficult to apportion blame? The manner of them. We will all at some point in our lives slip, or fall, or both. How many of these can be blamed on somebody else and how many are caused by our own clumsiness? Here are just a few of the many scenarios where you can suffer a slip and fall accident.
I fell Down the Stairs
Whose stairs? What were you wearing on your feet? Were you walking or running? These are just a few of the questions you will be asked if you are considering a claim for falling down stairs. If you rent a house and have fallen down your own stairs you will have to prove the stairs are defective and your landlord is therefore responsible. If you have fallen down some steps in a store, for example, several other factors come into play. If somebody in front of you drops something and you then stand on it or trip over it the store is not responsible. If the steps are wet, or there is some damage to them, then you could have a slip and fall claim.
I Slipped on a Wet Floor
Tiles are used on the floors of stores, hotels etc as they are hard wearing and easy to clean. However, when wet they can become lethal. A heavy fall on a tiled floor can result in broken bones or, at best, severe bruising. The questions that arise in this case will relate to why the floor was wet. Did the store know about it and put up wet floor signs? Was it water leaking from somewhere or liquid accidentally spilled by a customer and not reported? Only when all these questions, and many more, have been answered and investigated, can it be proven that somebody is to blame.
I Tripped on the Sidewalk
This is one of the most common slip and fall scenarios, and the hardest to prove. Sidewalks naturally depreciate with all human traffic they endure. Chips, holes, cracks are all acceptable wear and tear and unless there's a huge hole that nobody has noticed, until you fell in it, you are going to have a hard time blaming someone for your trip. As with every case, however, there could be mitigating circumstances, so have a chat with your lawyer.
How to Determine Liability
For somebody to be legally responsible for any injuries you have suffered due to tripping or slipping and falling, one of the following must be proven;
●An employee or owner of the premises must have caused any spillage, torn or worn area, or any other slippery and therefore dangerous area underfoot.
●An employee or owner of the premises must have been aware of the danger but failed to do anything about it
●When a spillage wasn't the concern, an employee or the owner should have been aware of the dangerous surface as any reasonable person who works in, or takes care of, the property should have seen it and repaired it.
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