It can be difficult to determine responsibility when a slip and fall accident occurs. Thousands are hurt each year, and some injuries are very serious; sometimes property owners are responsible, and sometimes they are not. If you have been injured in a slip and fall accident, you should remember that mishaps are a part of life, and property owners can’t always be held liable because we are all obligated to pay attention to what we are doing. In this article, you will learn more about how accident liability is determined.
Assigning Liability for Slip and Fall Accidents
To hold a property owner legally responsible for your injuries, one or more of the following conditions must be met:
- The property owner must have caused the malfunction, spill, or otherwise dangerous condition
- The property owner or manager must have been aware of the dangerous condition but refused to correct it
- The owner of the property should have been aware of the dangerous condition because a reasonable person in their position would have noticed it
The last situation is common, but is harder to prove because of the terms “reasonable person” and “would have noticed”. Common sense often dictates liability in these cases, and judges/juries must determine whether a property owner took reasonable steps to keep their premises safe.
In determining whether a property owner took reasonable steps to ensure the safety of their premises, personal injury law focuses on their regular efforts. Below are some questions your VA Beach Slip And Fall Lawyer can ask to determine liability.
If you tripped over a loose or torn carpet, or slipped on a wet area, had the problem existed long enough so that the owner should have been aware?
- Could a barrier or a warning have prevented the accident?
- Was the accident caused in part by malfunctioning or poor lighting?
If the answers to any of these questions are “yes”, your VA Beach Slip And Fall Lawyer may be able to help you win your claim. However, you should still consider whether your own actions or behavior contributed to the accident in any way. An attorney can help you prove that you were careful, and get you the award you need.