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Determining Negligence In A Slip And Fall Case

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If you slipped on a slippery sidewalk, or tripped over a piece of loose carpeting, you may find yourself injured to the point where you can't work or perform certain duties you used to do. When this happens, you need to find a way to be compensated for your injuries, unpaid wages and unpaid medical bills. The problem is proving that you were not the reason you fell and injured yourself to begin with. This article will give you a better understanding as to how you can prove liability in a slip and fall accident.

Determining and Proving Liability

In order for someone to be held legally responsible for your injuries, you must be able to prove the following: 

  • The owner or keeper of a premises must have caused the torn or worn spot, the spill, or other dangerous or slipper condition that caused you to fall. 
  • The owner or keeper of the premises knew about the condition, but didn't take any reasonable steps to care for the property.

When discussing the term "reasonable," the law focuses on whether or not the owner makes regular efforts to keep their property safe and clear of dangerous conditions.

Liability in most slip and fall cases really comes down to common sense. For example, if it snowing, the property owner should be maintaining their sidewalks by clearing it from snow and laying salt down to melt the ice.

Determining Your Own Negligence 

In just about every slip and fall case, a determination will be made as to whether or not the injured party became injured because of their own carelessness. Comparative negligence rules come into play in order to measure your own reasonableness in doing what you did and the way you did it just before you fall happened. There are some questions you can ask yourself in determining your own negligence: 

  • Was there a legitimate reason for you being in the area you were in when you fell? 
  • Would someone being careful have noticed the dangerous area and avoided it? 
  • Were there any signs or warnings indicating the area was dangerous? 
  • Were you doing anything that caused you to be distracted or were you fooling around in a way that caused your fall? 

Keep in mind that you don't have to prove that you were careful, but if you did have some degree of carelessness, that will be taken into consideration when an insurance company is considering your claim. For more information, check out companies such as Hagelgans and Veronis.


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