Who’s Liable for a Slip and Fall Accident?

A slip and fall accident is one of the most common accidents that can occur when on someone else’s property. From a slick sidewalk to a wet floor that has not been marked, conditions are often times slippery enough to cause a fall. However, for a business owner or property owner to be liable for the fall, a number of elements need to exist.

Liability Requirements

To start with, there needs to be a hazardous condition. Some people are just clumsy. Being clumsy is not enough of a reason to hold someone accountable for a slip. However, a restaurant’s sidewalk covered in an inch of ice without any signs might be.

The first thing that needs to be proved is that the owner caused the condition to exist. Second, you must prove that the owner knew of the condition and did not do anything to fix the problem. Finally, the owner should have known about the problem, as any reasonable property owner would have been aware of the problem and repaired it. Going back to the slippery sidewalk again, a reasonable operator would not only have noticed the problem on their way into the building, they would have heard complaints already about the conditions.

Seeking Damages for a Slip and Fall

When it comes time to seek damages for a slip and fall on someone else’s premises, you must first prove the liability of the other party, then show that they could have fixed it and did not. You will also need to have the necessary testimony and evidence in hand to prove all of this. In some cases, even if you were the victim of a negligent premises operator, it can be hard to prove these conditions without some form of testimony to show your side of the story. Most states protect the business owner from frivolous lawsuits, and as a result, the burden of proof is on the plaintiff.

If you have slipped and fallen on someone else’s property, be sure to research your rights and take whatever steps necessary to deal with the issues that arise. This article is not meant to be legal advice. Please contact a lawyer for legal consultation.

Don’t let a slip and fall catch you off guard. Contact Weinstein Law today for your options. Serving clients in the Fort Lauderdale area.


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