How to Determine Fault for a Slip and Fall Claim

Whether you fell down defective stairs or slipped on a wet floor, it’s possible that the injuries you’ve sustained in a slip and fall accident were caused by the negligence of another individual or company. If that is the case, they could owe you compensation for your injuries. However, you will likely be required to prove that they were at fault for the accident before you can obtain the compensation that you’re owed.

How to Determine Liability

In order for a person or company to be responsible for your injuries from a fall, trip, or slip on their property, one of several things will need to be true. The first situation occurs when an employee or property owner has directly caused the dangerous surface to be underfoot. The owner or employee could also have known about how dangerous the surface was but decided not to remedy the issue. The final and most common situation occurs when the employee or owner should have known that the surface was dangerous because a reasonable individual who manages the property would have discovered the problem and corrected it. If any of these three things are true and can be proven, you would likely be able to receive compensation by filing a claim or lawsuit.

Understanding Reasonable Actions

When filing a personal injury claim, you will need to prove that the defendant did not act “reasonably”, which is a somewhat loose term. If regular efforts were not made by an employee or owner to keep the property clean and safe, they could be held liable because they did not act reasonably to ensure that the property was safe. For instance, if a sign or barrier wasn’t placed around a damaged or wet spot on a floor, it could be deemed that the owner of the property did not act reasonably.

Identifying Your Possible Carelessness

When a claims process is ongoing, you will be asked about your own carelessness in the accident that occurred. If there were warning signs nearby or you were doing something that distracted you, it’s possible that you will share in the blame. A personal injury attorney will be able to more accurately determine if you have reason to file a lawsuit.