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Who is liable for a slip-and-fall accident?

On Behalf of | Dec 13, 2022 | Blog, Injuries

Slip and fall accidents can result in devastating physical and financial consequences for victims.

When the cause of their fall is another person’s negligence, the victim has the right to seek compensation and hold the at-fault party liable.

What is premises liability?

The legal concept of premises liability forms the foundation for slip-and-fall accident claims. It states that a property owner must keep their property reasonably safe for any lawful visitors. This applies to private residence owners and public establishment owners. Therefore, if someone slips and falls in a restaurant or supermarket the business owner could be liable for the resulting damages.

How do you prove liability in a slip-and-fall case?

Proving liability in a slip-and-fall case is the responsibility of the victim. To hold the property owner liable, they must prove at least one of the following:

  • That any reasonable person would notice the hazard that caused their fall and fix it.
  • That the owner or their employees caused the hazard and chose not to fix it.
  • That the owner or their employees had to know the hazard was there and simply failed to fix it.

The burden of proof in a personal injury case is only by a preponderance of the evidence, which means it is enough to show that the defendant more likely than not was responsible.

What damages can you recover?

The recoverable damages from a slip-and-fall case include medical expenses, lost income, pain and suffering, and any other out-of-pocket costs associated with the accident.

Slip-and-fall cases are sometimes difficult to prove, but an experienced attorney knows where to find the evidence.