Determining Fault in a Slip and Fall Accident - Path 411 Pain

Determining Fault in a Slip and Fall Accident

Posted on : July 12, 2022

When you’re out and about, have you ever noticed that some floors can seem wet, sticky, or otherwise unsafe to walk on? You most likely have. According to the National Floor Safety Institute, over 1 million people visit the hospital following a slip and fall accident each year. There are many reasons why a floor might become unsafe to walk on and ultimately causing a slip and fall accident. 

No matter how it happened, if you’ve ever experienced a slip and fall accident, you’re probably wondering how to determine who is at fault. Determining fault in a slip and fall accident can be a complex issue, understanding all the factors that go into determining fault can protect you in the event that you slip and fall at an establishment.

Keep reading this blog to learn more.

Responsibility

When it comes to a slip and fall accident, one of the first factors to consider is: who or what caused the conditions to be unsafe? Was it an owner or employee of the establishment that spilled a liquid onto the floor, causing it to be unsafe to walk on? Or maybe it was another customer of the establishment that had caused the conditions which led to the slip and fall accident. You must also be able to show that the owner or employee knew about the unsafe conditions and did not act, or should have known and taken care of it in the first place.

Liability

Liability is one of the next questions to ask after figuring out who caused the unsafe conditions. You might be surprised to learn who is and isn’t liable in a slip and fall situation. The first person that comes to mind would probably be the owner of the particular establishment where you experienced your slip and fall injury. However, the owner might have some type of insurance policy that protects them from liability, meaning your lawsuit would be against the insurance company rather than the owner themselves.

Negligence  

If you’ve been injured in a slip and fall accident, it’s up to you to prove that not only were the conditions unsafe, but also that a reasonable person would have noticed the hazard and had a chance to fix it. Whether it’s cleaning the floor or covering a pothole, did the person with liability have an opportunity to fix the situation, or should they have known anyway? In summary, your goal is to show that the accident was preventable by a reasonable owner or employee, but that they failed to do so.

Your Own Fault

While we’ve been focusing mainly on the fault of the establishment and its owners, the question of your own potential fault must be brought up. An owner might try to bring up several different reasons why you were at fault for the accident. For example, was there a warning sign up in the unsafe area (typically a “Caution: Wet” sign)? Did you have a particular reason for being where the unsafe area was, and should the owner have known you could walk there? Were you being as cautious as reasonably possible? These questions and more could all be asked of you in determining fault, so it’s important to have all your facts straight when bringing forward a slip and fall case.

If you or someone you know has been injured in a slip and fall accident, call 1-800-411-PAIN. If you’ve been involved in an accident, the guidance from a personal injury attorney could help navigate the aftermath. It is helpful to have legal and medical experts on your side. The experts at 1-800-411-PAIN can help explain your options, fight for the compensation you deserve, and guide you through a swift recovery.

If you or a loved person has been injured in an accident, call 1-800-411-PAIN today. Our legal professionals can help you navigate the tricky process of filing an insurance claim. Our medical professionals are here to provide you with the treatment you need. Remember, after 911, call 411.

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