Determining Liability in a Slip and Fall Accident

If you’ve been involved in a slip and fall accident, you might be wondering how exactly to prove fault. Proving fault can be complicated since several factors come into play when determining liability. If the accident occurred on someone else’s property, it’s important that one of the following is true:

1.      The owner of the property or an employee must have caused the spill or whatever led to the slip and fall

2.      The owner of the property or an employee must have known about the dangerous surface and done nothing to fix it

3.      The owner of the property or an employee technically should have been aware of the dangerous surface because a “reasonable” person would have taken care of the premises properly and ensured safety

Determining what makes a property owner “reasonable” can be more difficult. The law states that the owner must check on the property regularly and thoroughly in order to keep the property safe. Of course, the victim must take their own carelessness into consideration in case the property owner tries to fight the case. There are a few questions that can be asked in order to figure out if the property owner is responsible:

1.      Was the dangerous spot that caused the accident there long enough that the owner should have known about it?

2.      Is there a regular procedure the property owner abides by when it comes to checking for damage and repairing it when necessary? If so, is there proof?

3.      If the accident was caused by an object someone placed or left on the floor/ground, was there a legitimate reason for the object to have been left there?

4.      If there was a good reason for the object to be there but the reason no longer exists, could the object have been removed to avoid an accident?

5.      Could the object have been put in another location that could have avoided the accident?

6.      Could a warning (i.e. “Caution: wet floor”) have been put up to prevent a slip and fall accident?

7.      Was the accident due in part to poor or broken lighting?

When asking these questions, if one or more of them come out in the victims favor –they usually have a good case for compensation.

You also want to consider your own carelessness when it comes to slip and fall cases. There are rules that compare negligence and help measure your own reasonableness. The following are questions you should ask yourself before filing your claim:

1.      Was there a reason for you to be in the area where the accident occurred?

2.      If you were more careful could you have avoided the accident?

3.      Were you distracted?

These are all questions that will be asked of you if you decide to file a claim and get compensated for your injuries and damage and it’s good to be prepared and know exactly how to answer these questions.

If you or someone you know has been injured in a car accident in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN) and keep up with the conversation at #411PAIN!