Slip-and-fall accidents can be severe. In that one minute, the sufferer could have a shattered pelvis, severed spinal cord, brain damage, or other broken bones.
When someone suffers an injury, their first thought after medical help is to sue the party or parties responsible. However, pinpointing the correct defendant might be a significant challenge.
So the question arises who is liable in a slip and fall accident?
Hiring a lawyer can help you sort through the details and determine who, if anybody, is liable for your damages. Here is how.
Who is the Responsible Party?
Some injuries sustained in public or commercial spaces do not qualify for compensation.
A claim for damages arising from a slip-and-fall accident requires proof that the sufferer was not at fault. It necessitates evidence that either they were not engaging in risky or illegal behavior at the time of the harm:
- The property owner or manager’s negligence led to the incident.
- The proprietor or manager of the premises was aware of the problem but did nothing to fix it or to warn visitors about it.
- Owners or managers of the property should have been aware of the danger and taken appropriate action to eliminate it.
If any of these things happen, it’s clear that the host hasn’t done enough to ensure the safety of their guests. They are therefore responsible for the repairs because they failed to fulfill their property owner duties.
No matter your case’s legal idea, it will have the same goal. These claims are part of the larger field of personal injury law. All of these scenarios entail seeking compensation for harm done by another party’s negligence. In all cases, a lawyer can assist you in determining who’s accountable for the accident.
What Should I Do If Someone Slips or Falls?
- Help the injured person in getting medical care. If an ambulance is required, dial 911.
- Make a note of any witnesses names and contact information. Take detailed descriptions of the incident from the victim and witnesses and note them.
- Any discussions with the complainant should be directed to your insurer. NEVER ACKNOWLEDGE LIABILITY!
- Take photographs of the scene of the incident. Photograph the footwear that the wounded person was wearing if possible.
- Take pictures of the situation. This may help to develop a defense for a later claim and assist your insurer in determining the reason for the accident.
- Inform your insurer about the occurrence. Give them the following information:
- Details about the incident
- Details on what you did to prevent the incident.
- Investigate potential explanations and make efforts to prevent and/or better respond to such situations in the future.
What to Do When the Victim is Responsible?
An accident victim may be responsible for their damages in specific circumstances. One of these cases is when:
- The victim was acting recklessly or failing to observe basic standards of conduct.
- The victim disregarded several properly-placed warnings.
- Victims create a situation that damages them.
- Neither the owner nor the management of the property could have possibly foreseen the event that took place.
The victim is highly unlikely to receive compensation for their injuries and may even be held liable for any damage they did to the facility.
How to Prove Fault for a Slip and Fall?
After suffering an injury in a slip-and-fall incident, it is essential to take the necessary steps to investigate the incident. The burden of proof is high when seeking compensation from the law due to the difficulty of establishing fault.
You need to show that management intentionally created the danger, wilfully disregarded it by the administration, or presented it for long enough that routine maintenance should have remedied it.
You can check if these claims are true by:
- Take a photo of the scene, including any warnings or floor conditions and the hazard that caused your fall.
- Document your wound with photographs.
- Collect statements and information on how to reach witnesses. This type of testimony is more convincing if it comes from several different people and if those interviewed did not know you before the incident.
- Collect the names and numbers of employees and supervisors. Your lawyer may be able to interview them and determine if there is a consistent pattern of carelessness on the part of the employees.
- Make sure you have copies of your medical records and keep all of your bills and receipts.
It is essential to gather as much evidence as possible in a slip and fall lawsuit because proving fault is not always as easy as you might imagine. Your case will have more credibility in court if you can back it up with solid evidence.
What is a Fair Rate of Compensation?
The amount you get from the at-fault party depends on your losses, including medical expenses, lost wages from time away from work, and emotional distress.
Collecting your medical costs and tallying up your time off from work is all that is needed to calculate the full extent of your losses.
Although there are specific standard formulas to utilize as a starting point, ultimately, everything will come down to estimates and compromises. Most cases are settled out of court for an amount that both parties agree on.
A jury, presuming you win your case, will put a monetary value on your misery if you take it to trial. Injuries and how they alter one’s life typically justify a higher award for pain and suffering; however, every circumstance is unique.
Read More: Law of Compensation Explained in Details
How to Stay Safe?
If you want to be secure in public places, there are things you can do besides just keeping your eyes open. The only way to guarantee that nothing wrong will ever happen to you is to take every precaution possible to keep yourself safe from harm, both physically and legally.
Fundamental guidelines include:
- Never put yourself in danger by wearing a pair of shoes that lacks sufficient traction, do not fit well, or pose an additional risk—the risk of slipping and falling increases when wearing such shoes. If you need help getting around, use the elevator.
- Maintain a keen eye on the forecast. If you are concerned about your ability to cross public settings safely, make sure you are wearing appropriate footwear and clothing for the weather, and bring along mobility aids or supporting friends or family.
None of these precautions can guarantee your safety, but they can lessen the likelihood of being held responsible for any accidents resulting from slips, trips, or falls.
Conclusion
Slip and fall injuries should result in monetary compensation. However, acquiring the payment requires pinpointing who is liable in a slip and fall accident at fault first.
If your loved one slipped and fell and is considering filing a lawsuit, you should first consult with a qualified lawyer. As the statute of limitations for filing a claim of personal injury is short, you should have this taken care of as soon as possible.
Frequently Asked Questions
What is the difference between a slip and a trip?
Wet floors, spilled things, or similar hazards are common causes of 'slips'.When you stumble because of an impediment, we say that you 'trip.' It's common for people to 'fell' because they slipped or tripped.
Can you file a claim if you fall on leaves?
It depends on the situation. You probably won't be able to win a personal injury claim against a local authority if you fall on leaves on land that the Council owns or takes care of.
What will happen if you slip on a wet floor?
The first thing you should do after slipping on a wet floor is to examine yourself for injuries. Broken arms, tailbones, wounded backs, knee injuries, brain injuries, and bleeding are all common injuries. The impact can cause almost any harm depending on how you fall.
Can I claim for slipping on wet floor?
If a person slips and falls as a result of a damp floor, they may be able to seek personal injury compensation. Not all wet floor slip and fall occurrences merit compensation. If an accident might have been avoided, a person can file a wet floor injury compensation claim.
