How To Assess Blame In a Slp and Fall Accident

Assessing blame following a slip and fall accident is the most complicated part of a personal injury lawsuit. Accidents happen all the time and sometimes no one is to blame. Property owners are required to provide a safe environment for anyone who comes onto the property. Even trespassers are entitled to some measure of safety under certain circumstances in some states which often surprises people unfamiliar with the law.

Burden of Proof on Plaintiff

When assessing blame for a slip and fall, an injured victim must prove that the injury would not have occurred if the property owner had taken reasonable care in maintaining his property or in warning of potential hazards. In order for a property owner to be at fault when a person is injured on his property, the owner must be aware of the hazard and must choose not to fix it and not to warn people about it. A warning is sometimes enough to protect the property owner from liability. If a person ignores an obvious warning, then the injured person cannot blame the owner for the resulting injury.

Not all Hazards Create Liability for the Property Owner

Some hazards are considered so obvious that it wouldn’t be fair to blame the property owner if someone isn’t careful. These hazards are called “open and obvious hazards”. For example, a pond is considered a hazard that people who can’t swim should know to avoid. Snow and ice in some circumstances may be an open and obvious hazard, but property owners are required to clear snow and ice to provide a safe place to walk. Parking lots and walkways are the most common place for people to slip and fall. These areas must be kept clear. A store owner who is aware of a step or a rise in the pavement and doesn’t clearly mark it so customers clearly see it may be to blame if someone trips on the step and gets hurt.

Sometimes it is difficult to determine who is actually at fault in a slip and fall. Many store owners hire contractors to maintain their parking lots and landscapes. If a person falls on an icy parking lot and is injured, he might sue the store, but the store will then sue the contractor responsible for clearing the parking lot. An injured victim shouldn’t have to figure out who was ultimately responsible for the hazardous conditions; he should simply focus on getting better and being compensated for his injury.

Getting Legal Help

An experienced personal injury attorney can help an accident victim determine whether he should be compensated for his injuries and who is at fault. If a victim tries to get compensation for an injury and property owner refuses to discuss the problem or tries to pass the blame to someone else, an attorney can help advocate for a fast resolution. If health insurance doesn’t cover the injury or if there are wage losses involved, the only way a victim may be reimbursed will be through filing a lawsuit.

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