Understanding Slip and Fall Cases

By: Alva Pao-Pei Alfonso
Submitted: 2008-09-08 13:27:30
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In the United States tort law, a slip and fall is a case or claim based on a person slipping or falling due to the negligence of a property owner. The fall may be caused by spilled liquid on the floor, ice or snow, a change in the texture or level of the flooring, poor lighting, a gap or hole on the ground, among others.

If you injured yourself on someone’s property, you may find yourself needing the help of lawyers to claim damages. Likewise, if somebody was hurt while inside your property, you might find yourself facing charges for a slip and fall case. Either way, the legal counsel of a qualified Los Angeles lawyer would prove to be invaluable in both instances.

To understand slip and fall cases, it is essential that you first know how liability is determined.

Determining Liability in Slip and Fall Cases

To be legally liable for a slip and fall case, at least one of these conditions must be met:

•    The spill, tear, damage, or change in the surface of the floor should have been caused by the owner of the establishment, or one of its employees.

•    The owner or employees knew about the damage or spill in the premises but did not do anything to fix it.

•    Even if the owner or employees claim to not know about the spill or damage in the premises. It can be assumed that they should have known about it because a “reasonable” person taking care of the property would have discovered the damage and repaired it.

Liability in the third item is mostly determined through common sense. It is usually decided by checking if the efforts of the property owner to make the area safe were already reasonable and sufficient.

Slip and fall incidents are potentially dangerous. You can sustain major injuries from a bad fall, some even requiring extensive physical therapy to recover from.

Keep in mind, though, that some holes on the ground are necessary, like holes used for a drainage system. If you have been injured due to a slip and fall incident, these questions might help you determine if your slip and fall claim are reasonable:

•    Inspect the place where you fell to determine if the spill or damage on the floor had been there long enough for the property owner to know about it.

•    If you fell because you tripped on an object on the floor, was there a good and legitimate reason for the object to be there?

•    Could the object, which you tripped on, be placed in a better location where it would not cause any injury to passersby?

•    Could early warning devices or barriers have been placed on the floor to help warn passersby?

•    Do you have proof that the owner of the premises regularly checks the place? Check if he/she has a maintenance system in place.

However, you must also consider if your own carelessness contributed more to your slip and fall incident more than the negligence of the owner. Ask yourself a few things to determine this:

•    Were you distracted by something else when you slipped and fell?

•    Was the object on the floor, or whatever caused your fall, something that a reasonably careful person would have noticed?

•    Did you overlook any warning signs that the area is potentially dangerous?

•    Did you have a good reason for being in the spot where you fell?

If you have been involved in a slip and fall incident, the best way is to seek the legal advice of a lawyer before you coordinate with your insurance company. Many Los Angeles lawyers specialize in slip and fall cases.

Article source: Expert Articles