Slip and Fall Injury: How Can the Property Owner be Liable?
“Premises liability” is the legal term that refers to the responsibility a property owner has to provide a safe environment for individuals on their property. Slip and falls are one type of accident within this legal field.
Was the Owner "Reasonable?"In determining a property owner's "reasonableness," the law centers on whether the owner makes regular and thorough efforts to care for the premises and avoid exposing persons to an unreasonable risk of harm.
When Is a Property Owner Liable for a Slip and Fall Accident?Here are some questions one can ask to help determine if a property owner may be liable for a slip and fall injury:
- If a person slipped and fell due to an unmaintained area on the premises: was the dangerous area present long enough that the owner should have known about it?
- Does the property owner have a regular procedure for examining, maintaining, cleaning or repairing the premises? If so, do they have proof of this regular maintenance?
- If an object that was left in or on the floor caused the injury, was there a legitimate reason for the object to be there?
- Could the owner have reasonably selected a safer place for the object if it had to be left out?
- Could the owner have ensured that a barrier or warning be in place to prevent a person from being injured on their premises?
- Did the accident occur because of poor lighting conditions?
If the answers to one or more of these questions come out in favor of the injured party, they may have a claim for compensation.