Who Is Responsible For A Slip And Fall Accident?

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Slipping and falling on a property that is not your own may leave you dealing with injuries. These may be caused when walking on carpets that are torn, rugs that are not properly held in place, poor lighting that does not allow you to see a difference in floor levels, when trying to use a staircase that is too narrow, does not have a solid handrail or has uneven threads, floors that are slick with water or oil, and for many other reasons that catch you unaware. 

Your slip and fall accident may also happen outdoors on a cracked or broken sidewalk or when there is a hidden pothole or the pavement is wet due to a recent rainstorm. Whatever the conditions that made you slip and fall, you must have sustained injuries, even if they are minor, to be able to collect compensation from the party responsible for them. 

Get Legal Help for your Slip and Fall Claim

After being injured in a slip and fall, you should talk to Jacksonville personal injury attorneys about your case. There is no time to waste since the law marks specific time limits for these cases to be filed. Your lawyer will listen to your story and offer appropriate legal advice regarding the best way for you to pursue compensation for your injuries and losses. Look for a trusted personal injury attorney near you.

How do you prove fault in slip and fall cases?

Each slip and fall accident is unique, and there is no single answer to this question. The case will likely rest on whether the property owner or the manager, in cases of retail stores and other businesses, was acting carefully and responsibly when your accident took place. This means, for example, that they were aware that there was water on the floor, and they either marked the area clearly to warn people about it or took care of cleaning it as soon as possible.

Some basic rules that can help you determine who was at fault for your accident are:

• When you fell on someone else's property, a dangerous condition existed.

• The owner or manager of the property was aware of this dangerous condition.

• That this condition created an unreasonable risk to anyone on the property at that time.

• That you were injured because of it.

You must also prove that the owner or manager created the dangerous condition, that they knew about it and negligently failed to fix it, and that this condition existed for a length of time that they should have taken action to correct it. This means that the owner or manager can be held liable when they must have been able to foresee that their negligence would create a danger for those around.

In order to receive compensation, it must be clear that you did not slip and fall simply because you were careless.

Slip and Falls in Residential Properties

When it comes to slip and falls in residential properties, landlords may be held liable to both their tenants and other parties who slip, fall, and injure themselves in a rental property. In order for the landlord to be held liable for these injuries, the tenant must show that:

• The landlord either caused the condition that gave way to your slip and fall, or they had control over this dangerous condition.

• It would not be unreasonable to expect that this condition could have been fixed since it was neither difficult nor expensive.

• The landlord could have foreseen the possibility of a serious accident if the condition was not corrected promptly.

• Their failure to take reasonable measures to avoid an accident once they were aware of this condition resulted in you slipping and falling and injuring yourself.

Slip and Falls in Commercial Properties

For the owner or manager of the commercial establishment where you slipped and fell to be held liable for your injuries, they or their employees must have caused the spill, unstable surface, or issue with the flooring. They must also have been aware that this condition existed and it was dangerous, but they did nothing to correct it, and that they should have known about this danger because any reasonable person could have seen it and taken steps to correct it. In these cases, there might be more than one party that could be held liable for our injuries.