How to Prove Liability in a Slip and Fall Accident

Slip and Fall

If you have been injured in a slip and fall accident due to a dangerous condition or property owner’s negligence, the property owner can be held liable. To prove liability in a slip and fall accident, you must establish the following: the party’s responsibility in causing the accident and the party’s negligence (i.e. by causing or failing to prevent the slip and fall accident).

Determining liability

For a property owner to be legally responsible for the injuries you suffered in a slip and fall accident, the following must apply:

  • The owner of the premises (or the owner’s ­employee) must have caused the dangerous condition such as the slippery floor,the worn or torn carpet, etc.
  • The owner of the premises (or the owner’s ­employee) was aware of the dangerous condition,but didn’t do anything to fix it.
  • The owner of the premises (or the owner’s ­employee) should have known about the dangerous condition and acted reasonably by removing or repairing it.

Proving negligence

The following questions can determine whether the property owner is liable for the obstacle or the condition that caused the slip and fall accident:

  • Had the dangerous condition been there long enough that the owner should have known about it?
  • Was there a legitimate reason for the object to exist where you slipped and fell?
  • If there was no legitimate reason for the object to be there,would it have been safer if the object was removed or covered?
  • Was there a safer place the property owner could have placed the object without greater inconvenience or expense?
  • Could a warning sign or a barrier have prevented people from slipping and falling?
  • Was the accident contributed to by insufficient or broken lighting?

Proving you didn’t cause the accident

In slip and fall accident claims, most states follow the rule of comparative negligence. This means that your negligence contributed to the slip and fall accident. In that case, the award you receive for your injuries and other damages may be lessened according to the amount of comparative fault. Here are ways to determine if someone contributed to his or her own accident.

  • Was there a legitimate reason for you to be on the property owner’s premises when the accident happened?
  • Should the owner have anticipated you (or someone in a similar situation) to be there?
  • Was there a way you would have noticed or avoided the dangerous condition, or lessened the chances of the slip and fall?
  • Was there a barrier or a warning sign indicating the dangerous condition that led to your slip and fall accident?
  • Did any activities you engaged in contribute to your slip and fall accident? For example talking on the phone, texting while walking, jumping or running, etc.

When proving slip and fall liability, describe what you were doing clearly so that an insurance adjuster will understand that you were not careless.

Contact slip and fall attorneys at Kantrowitz, Goldhamer&Graifman P.C.

If you have been injured in a slip and fall accident, contact us today. Our experienced slip and fall attorneys will protect your legal rights and help you obtain the compensation you deserve.  To schedule a free consultation, call us at 201-690-7735/845-459-0001/800-711-5258 or fax at 845-356-4335. You can also email us at kgg@kgglaw.com.


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