Thousands of people get hurt in slip and fall accidents on stairs, wet floors, or even rocky terrain patches. You could say there is no one liable for such injury but the person who did not walk carefully or the fall was simply an accident.
But, if you got injured in a slip and fall accident, you can file a claim against the owner of the property where you have fallen. They may or may not be found liable for your injuries.
Let’s say you have slipped and fallen on a wet floor in a supermarket. Sure, you have the right to file the claim, but the owner might not be found liable for not being able to dry the floor immediately. Also, there might have been a “wet floor” sign that you did not see, so they can build their defense on that. At the end of the day, it is your responsibility to watch where you are going.
But, it is important to know that the owner of the property must be careful in keeping the place safe (especially if it is a store, restaurant, workplace, etc.).
We suggest you hire a Boston slip and fall injury attorney if you were injured in such an accident. Let’s see the basic info on proving fault in such accidents.
When are Owners Liable in Slip and Fall Accidents?
The owner of the place or an employee must have spilled something, torn a spot, or threw wet or dangerous items on the floor. Also, they should be aware of the dangerous surface; if they haven’t done anything about it, they will be liable. The owner or employee was supposed to know that the surface is dangerous because someone else who takes care of the place had the responsibility to inform them about it. He or she had an obligation to repair the floor or surface and remove anything that could cause people to slip and fall.
Simply, the owner of the premise or employee should have known. In such cases, liability is determined by common sense.
Did the Defendant Act Reasonably?
Negligence claims depend on whether the defendant acted reasonably. When determining a property owner’s “reasonableness,” the law is focused on whether the owner made any efforts to keep the place safe and clean. These are some of the questions you can ask to determine whether the owner can be liable for your slip and fall injuries:
- Was the dangerous spot long enough on the surface for the owner to know about it?
- Does the place owner have a formal procedure for reviewing and cleaning and repairing the object? What proof does the owner have of the maintenance?
- Did the light work properly? Was the light poor to make you lose balance, not see things, and slip or trip?
- If you tripped over on an object someone had put or left on the surface, was that object supposed to be there?
- If the object was supposed to be on the floor, could the owner (or employees) removed it someplace else, so the floor could have remained safe?
- Could the object be placed someplace safer?
- Could a simple barrier or a warning sign have been placed to prevent anyone from slipping and falling?
If the answer to any of the upper mentioned questions is “yes,” you have the right to file a compensation claim. Also, be aware that your carelessness might play a significant role in the case.
Before filing a claim, you should be honest with yourself and decide if your carelessness was a major reason for your slip and fall. The rules of “comparative negligence” can help you measure your own reasonableness in how and where you went, just before the accident happened.
- Did you have a legitimate reason for walking in a dangerous area?
- Were you careful to notice the faulty spot and avoid it?
- Were you walking carefully not to slip and fall?
- Did you notice any warning signs near the spot?
- Were you distracted?
- Did you run and jump or fooled around, which added to your falling?
Your insurers don’t need proof that you were careful. Make sure you explain how things were happening so they can understand that you did not act carelessly. Usually slip and fall accidents result in minor injuries, but sometimes you can end up with fractured bones or even skull fractures.
Schedule your first free consultation with our slip and fall injury attorneys. Call our Boston personal injury law firm and let us help you get the compensation for your injuries.