Important Information About Slip And Fall Accidents

Slip and fall accidents are the second leading cause of personal injury, after car accidents, in the world. The US Centers for Disease Control estimates that up to thirty percent of those involved in incidents report injury. For plaintiffs, proving that the property owner was negligent may be difficult, and obtaining compensation is not always easy.

Many circumstances may contribute to slip and fall accidents. Snowy, icy, or wet surfaces may cause incidents, as may surfaces made dangerous by excessive wax, or torn carpeting. Missing handrails, poor lighting, or debris, in a pathway that is commonly walked, may also be contributors to personal injuries.

Plaintiffs will have to prove what reasonable owners should have known. If a dangerous surface or obstruction caused the injury, then plaintiffs will have to prove that the owner either knew or should have known about the danger. In addition to knowing about the danger, plaintiffs must prove that any reasonable property owner would have repaired or removed the surface or obstruction, in order to prove liability.

The law provides several definitions for reasonableness. If the injury occurred because of a dangerous spot, that had been on the property for a long time, then a reasonable owner should have fixed the area. If an object was left on the floor, causing a fall, plaintiffs may argue that a reasonable owner would have put the object in a safer place, or erected a simple barrier or warning.

Defendants will often argue that the victim was careless. Sometimes, the injured party has no legitimate reason to be in a dangerous area, especially if adequate warnings are posted. Also, any careless actions on the part of the plaintiff, like running or jumping at the time of the accident, will provide a good defense for property owners.

Owners must act quickly when incidents occur. Property owners must call their insurance companies, because many carriers have a limited window for notification of incidents. Getting a statement from the injured guest is always a good idea, as stories may change later. Also, obtaining contact information from witnesses, especially if they testify to carelessness, is also a good idea. The owner, to avoid future liability situations, should address the dangerous spot immediately.

Prevention is often the best defense. Owners should perform regular property maintenance, repairing defects, and immediately addressing dangers from ice, snow, and water. Owners may also obtain an assessment of property dangers from an insurer, an architect, or a contractor. However, if owners do obtain that information, they will be responsible for the knowledge, and for addressing problems brought to their attention.

Slip and fall accidents are inconvenient, for both the injured party, and the property owner. If the parties become involved in a court case, then plaintiffs must prove negligence on the part of the owners, and owners must prove that they took reasonable care to prevent incidents. The best way to avoid incidents is to take preventive steps, as it provides an important argument against liability, as well as an important service to those who come onto the property.

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