How to Prove Fault in Slip-and-Fall Incidents in a Place of Business
Countless people suffer from slip-and-fall incidents, and many of them don’t even realize that the negligence
of a property owner or employee caused their tumble. The issue of proving liability in a slip-and-fall case at a private business is a complex one.
If you were injured in slip-and-fall, you may be wondering who is responsible, and what you can do to hold those negligent individuals accountable. Here at jD LAW, P.C., we understand that trying to get justice after an incident where a hazard caused you to fall can be difficult. Our article covers who may be liable for falls in a place of business, if you or a loved one are ever in a situation where the negligence of another causes harm.
Who Is Liable for Slip-and-Falls?
Property owners have an obligation to keep their property free of hazards that can cause foreseeable harm to customers and guests. However, people can slip and fall on level ground or in a space where there is no obvious obstruction. So how can you be sure your accident was the fault of another negligent individual?
To be held legally accountable for the injuries a person suffered from falling, one of the following must be found to have occurred:
- The owner of the location or an employee caused a spill, a torn or worn-out section of walkway, or caused a slippery and/or precarious surface or item to be underfoot.
- The owner of the location or an employee knew of a hazard but did nothing to correct the matter.
- The owner of the location or an employee should have been aware of a hazard because a “reasonable” person taking care of the premises would have identified the risk and removed or repaired it.
Any slip-and-fall case almost always hinges on whether the property owner behaved in a sensible manner before the incident happened. When determining a property owner’s “reasonableness,” the courts look at whether the owner made regular efforts to keep the property tidy and safe for patrons walking on the premises. The victim of the fall does not have to demonstrate that he/she was acting in a safe manner.
What insurance companies and litigators will be focusing on is if the incident was caused by the negligence of the building manager, or business owner, or an employee.
What Can I Do If I Was Injured in a Slip-and-Fall Inside a Place of Business?
If you or a loved one tripped and fell over a hazard or uneven ground in a place of business, the property owners can be held responsible for the resulting injuries. Anyone injured by the negligence of another individual has a legal right to seek compensation to receive the resources necessary to heal and move on with his or her life. The experienced San Diego premises liability attorneys at jD LAW, P.C., are dedicated to protecting your future by handling slip-and-fall injury claims through aggressive legal representation. Call (760) 630-2000 for a free consultation.
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