Who is Responsible in a Slip and Fall Accident?

Who is Responsible in a Slip and Fall Accident? There are many people who joke about people bringing legal action against someone as the result of a slip and fall accident, but the fact is that these accidents result in serious injuries that alter the course of a person’s life. These seemingly amusing accidents can result in broken bones, spinal damage, or traumatic brain injury, among many other injuries that are far too common. The compassionate and skilled personal injury attorneys at Lundy Law understand the suffering that you are experiencing and are prepared to everything possible to get you the results that you deserve.

A slip and fall, or trip and fall, injury happens when you least expect it. If you enter the premises owned or managed by another person or company, you rely on the fact that the floors and surrounding areas are going to be maintained in a reasonable manner to prevent dangerous accidents. However, when this is not done, the ensuing injury can be devastating. Basic responsibilities at the premises, whether this is a store, sidewalk, hotel, restaurant, or other place where you are invited inside or otherwise allowed at the property, require that spills are cleaned up promptly, the area is well-lit and secure, loose equipment is kept out of public walkways, damaged floors and stairs are repaired, and snow and ice is removed. Essentially, the area has to be safe for a person to walk around in a reasonable manner without risking serious harm.

Every year, thousands of people are injured in slip and fall accidents. In fact, it is the second most common type of harm from an accident after motor vehicle collisions. In order to determine whether the owner or manager of the premises is liable for the harm that you suffered, you must look at the circumstances of your injury. There are times when the responsibility will not fall to anyone other than you, as is the case when you trip over your untied shoelaces. Many other injuries are caused by the negligence of others, including business owners. In order to determine liability, consider the following:

  1. Was the owner of the premises, or an agent of the owner, aware of the dangerous surface and did not respond in a prompt and reasonable manner to correct the hazard;
  2. Did the owner or agent cause the spill, damaged or uneven surface, or other condition that resulted in a slippery surface; or
  3. If the owner or agent did not know about the danger, would another person responsible for the property acting in a reasonable manner have discovered the potential danger and taken appropriate steps to correct the situation.

Many slip and fall cases revolve around issue number 3, which is based upon the idea that the owner or agent should have known about the potential hazard. These cases are submitted to the court to determine whether the responsible party exercised the applicable standard of care. When the judge or jury determines that the owner owed a duty of care, failed in that duty, and that failure led to the harm suffered by the victim, then liability is established and the owner is held accountable for the damages that the injured party suffered.

Dealing with the consequences of the accident and the mounting bills that often follow is extremely stressful. The experienced lawyers at Lundy Law are ready to discuss your case with you in a free and confidential consultation and help to remove some of the burden from your shoulders. We want to make sure that you have the best possible legal representation, so we offer a No Fee Assurance, which means that we do not get paid until we win your case. To schedule a time to speak with us about your case, please call us now at 1-800-LundyLaw. You can also complete a free online consultation form to schedule a time to meet with one of our qualified legal professionals.

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