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5 Important Factors Used To Determine The Liable Party In A Slip And Fall Case

By Author: benmartek
Total Articles: 19

"Slip and fall" is a term used for those personal injury cases in which a person slips or trips and is injured on another person's property. These cases more often than not classify in the broader group of cases known as "premises liability" claims. Slip and fall accidents normally happen on property (or "premises") owned or kept up by another person, and the property owner might be considered legally responsible.

Numerous dangerous conditions like torn carpeting, changes in ground surface, poor lighting, or a wet floor can make somebody slip and be injured. Same goes if somebody trips on a broken or cracked sidewalks, or falls down a flight of stairs with worn treads. The plaintiff must have sustained some sort of injury, however minor, in order to collect compensation. In slip and fall cases, the property owner (or his or her insurer) may argue that the plaintiff is partially or totally responsible for the accident that led to the injury and that would decrease the compensation according to the degree of responsibility shared by the plaintiff.

In order to hold another party responsible for injuries endured in a slip and fall accident, an injured person should typically demonstrate one of the following:

· A property owner ought to have identified a dangerous condition (i.e. a pothole or an uneven walking surface) and should have removed or repaired the potential danger, but they did not. The key inquiry here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had abundant chance to remedy the situation before the accident happened.

· A property owner (or their employee) are directly responsible for creating the dangerous condition leading to the slip and fall accident. For example, leaving an obstacle in a walking path even when it was reasonably predictable that someone could fall and trip on that and get himself injured.

In order to find out liability, exploring these five points helps a lot:

· Did the dangerous condition or obstacle exist sufficiently long that a reasonable property owner or employee could have made a move to eliminate the peril? Did the offended party take part in any activity that may have kept them from seeing the peril, like using a mobile phone, when a reasonable person would have seen it?

· Did the property proprietor or employee have a policy of routinely checking for potential dangerous conditions on the property, and assuming this is the case, is there some sort of log or other record of whether this safeguard was employed just before the accident?

· Was there a reasonable justification for the creation of the potential danger? Provided that there was a justification, does that justification still holds true? Did the injured party have legal access to the area where the slip and fall accident happened, or was there an authentic explanation behind the offended party to be in a dangerous area?

· Could the perilous condition have been made less dangerous through preventive measures such as relocating the risk, putting warning signage in the zone, or blocking the access to the area? Were satisfactory warning signs posted, and were other security measures overlooked or not used by the offended party?

· Was poor lighting or limited visibility a variable in bringing on the slip and fall accident?

Samuel P Moeller is an az personal injury attorney specializing with cases specific to injury, accidents, slip and falls and wrongful death. We provide best legal strategy that help to get the compensation you deserve. To get a free consultation, please visit our website.

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