Who Is Liable in a Slip and Fall Accident?

9 min read time
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If you are seriously injured in a slip and fall accident that wasn’t your fault, you may need the services of a knowledgeable premises liability lawyer. Determining liability in a slip and fall accident is extremely important so that you can successfully recover the compensation you deserve. 

If you were not at fault and someone else failed to fix or prevent a dangerous condition in the area you were injured, you should not have to pay for the consequences of their negligence, and that includes the costs of your medical bills and other expenses. 

It is highly recommended to reach out to a premises liability attorney as soon as possible to determine your next best steps to file a claim. Since you may not remember the circumstances of the incident and may have significant and long-lasting medical conditions, a premises liability lawyer, like those at Morgan & Morgan, can help to determine your best course of action and how much compensation you should be owed.

Property owners and managers have a legal responsibility to maintain relatively safe premises. This means that sometimes they may have to repair dangerous conditions as soon as possible or to put up a sign that warns others of the hazard. If a property owner or manager fails to foresee potential dangers on their property and does nothing to limit the possibility of a serious accident, they could be held responsible in a premises liability accident. 

If you or someone you love has experienced unnecessary injuries due to the negligence of a property owner or manager, contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your options.

 

What Causes Slip and Fall Accidents?

There are many different slip and fall hazards out there, and they can happen on any property. Outside, snow and ice left on a sidewalk, for example, could cause serious and devastating injuries. A poorly lit walkway or parking lot or even torn carpeting inside a building can all lead to an accident. 

Many different other factors can apply to a slip and fall accident, including waxed stairs, slippery floors, missing handrails, bulging carpets, and loose or broken flooring or steps can all contribute.

Many people are unable to control themselves when they slip and fall and may strike other objects generating more serious injuries. 

 

What Is the Most Common Accident or Injury That Occurs on Someone Else’s Property?

Slip and falls are one of the most common types of injuries that can occur. They are extremely common on the job but can also impact people going about their daily life. Many different locations could become the spot of a slip and fall accident, including a grocery store, mall staircase, or other public places. 

Fractures are the most common injuries associated with slip and fall accidents, and overall falls account for more than 8 million visits to hospital emergency rooms every single year. 

This is the leading cause of visits to the emergency room. They are also the biggest cause of workers' compensation claims across the United States. 

 

Who Is Responsible in a Slip and Fall Accident?

When you slip, trip, or fall on someone else's property, you need to determine who is responsible for managing or owning that property. This is because slip and fall injury cases fall under the legal theory of premises liability. Property owners may be found legally accountable for injuries on their premises if those injuries are directly related to the property owner's negligence. Property owners must exercise reasonable care in maintaining their property and have a legal responsibility to verify that their properties are safe for visitors, customers, patrons, and guests. 

When an accident happens, it may not necessarily be easy to spot who is liable in a slip and fall accident, but engaging the services of lawyers like those at Morgan & Morgan can put you in a good position to gather the necessary evidence and to move forward with your legal claim. 

It can be a challenge to figure out the best course of action in each of these situations, but knowing who is liable in a slip and fall accident begins turning the wheels of justice so that you can fight for full and fair compensation. 


How Do I Determine Who Is Liable in a Slip and Fall Accident?

Determining liability may be the only way for you to get your medical bills paid and for you to be able to proceed with a lawsuit. A thorough investigation of the accident scene may be required, and this is not always easy to complete on your own. 

After you get hurt and a slip and fall accident you need to get medical attention and care for any potential consequences from the accident. You may not remember exactly how the fall happened and may find it difficult to communicate with a property owner or manager. That property manager or owner may be concerned about a premises liability lawsuit and may struggle to provide you with the information that you need. However, you still maintain a legal right to pursue premises liability lawsuit compensation in a slip and fall claim once you know who is liable in a slip and fall accident. 

If you're struggling to figure out who is liable in a slip and fall accident, reach out to the experienced attorneys at Morgan & Morgan as soon as possible. 

The knowledgeable lawyers at Morgan & Morgan have extensive experience in handling slip and fall accidents and know what it takes to gather all of this evidence and to bring a strong claim. We work as hard as possible to make sure that our victims are not taken advantage of in the process and help to support you whether your claim is resolved inside or outside of court.

 

How to Determine Fault in a Comparative Fault System?

Determining who is responsible in these accidents is not necessarily easy, especially depending on whether or not your state has a comparative fault system. In a comparative fault system, the property owner or manager may argue that you are responsible at least partly for the injuries you sustained. This can make it harder for you to argue your case, and it makes it even more important to gather evidence for your claim as soon as possible. 

If you are found to be partially at fault, your level of damages may be reduced accordingly. In general, judges and juries look at slip and fall accidents from a commonsense approach, meaning that if there was a relatively obvious risk associated with the slip and fall case, it is fair to side with the victim. 

If the victim can fully show that the person who is liable for the slip and fall accident knew about the danger or did know or should have known about the danger and failed to do anything about it, they could be held accountable. The condition of the premises at the time of the slip and fall accident will be thoroughly evaluated, typically starting with your attorney for Morgan & Morgan. 

 

What Must Be Proven in a Slip and Fall Claim?

You must be able to show that the property manager or business owner did not respond appropriately or with reasonable care to prevent injury to customers or visitors from slip and fall accidents when entering or walking around the property. 

Suppose that someone is not aware of any dangerous conditions present on a property. In that case, they could not be held responsible. However, in general, property owners do have a responsibility to review their property on a regular basis and to respond promptly to any claims about dangerous conditions. 

It may strengthen your case if you can show that you or someone else complained about the condition and that nothing was done for this to happen. You deserve to have a qualified and experienced premises liability lawyer to guide you through each aspect of your premises liability claim. Your ability to pay your medical bills and to cover your other bills from last time at work may depend on the outcome of your slip and fall case. 

If you are having a problem finding evidence for your claim, you don't need to take on the pressure of this on your own. Our lawyers will look at your case from the big picture view and determine your next steps for gathering that information. If you're unsure who is liable in a slip and fall accident, we'll also review the specifics of your claim to determine that. You might have a claim against one party, but there are also situations when you may have grounds against numerous parties. Only working with a lawyer can help you determine the best course of action when it comes to naming a liable party. 

You should consider many different factors in deciding whether or not to sue for your lawsuit. You need to take action relatively quickly as each state has what is known as a statute of limitations. The statute of limitations is a strict time limit under which you must file your legal claim or risk having your claim thrown out of court. 

Contact Morgan & Morgan today for a free, no-obligation case evaluation. We care about what happens to you, and we take each case seriously. You'll know that you're in good hands when you hire one of our knowledgeable lawyers to take your case to court. 

If you're ready to discuss how to proceed and to figure out who is liable for your slip and fall accident, take your first step toward recovery with us today.

Disclaimer
This website is meant for general information and not legal advice.

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