Many people are injured each year in slip and fall accidents; some of them severely. Accidents happen when they slip or trip and fall on a wet floor or a defective staircase, among other things. Sometimes a property owner is to blame, others times not. So how do you determine who is at fault?
As we all know, accidents do happen in everyday life. It is common for everyday things to drip and fall into our lives. Sometimes one can foresee these things and address any problems they may cause. But sometimes, that just is not possible.
After a heavy snow, the melting begins. And even when it’s almost gone, there are sometimes icy spots that you may not see before the sun can dry it all up. That is what happened to Pamela Hylton one morning as she left her condo for work.
She was walking on the sidewalk in her complex, going to her car, when she suddenly fell. She fractured her leg and called for help. As she awaited paramedics arrival, she noticed that she had slipped on a spot of ice the size of a piece of paper.
The injuries from her fall required several surgeries, and she was out of work for about four months. Hylton decided she was going to sue the property management of her complex for negligent maintenance of the property for failing to clear the area of ice.
Since there is no precise way to decide who is at fault when you slip or trip on something, many cases will turn on whether the property owner showed care in ensuring that the slip or fall was not likely to happen.
Here are some things to use to decide whether someone else was responsible for your fall:
The owner of the premises, or an employee, must have known about the dangerous surface and done nothing about it.
The owner of the premises, or an employee, must have caused the dangerous item to be under foot.
And, the owner of the premises, or an employee must have known about the danger, but failed to address and correct it.
In Miss Hylton’s case, a court sided with the property management holding them not responsible for her fall. The court said it would have been an unreasonable burden of vigilance in this case.
These types of accidents are best settled when handled by an experienced attorney. Please visit our Online Legal Directory to find an attorney in your area.