If you are injured due to a slip and fall accident, you may find you cannot work for several weeks, months, or even longer. When this accident occurs at a business or another property, you may have the right to hold the property owner liable for your injuries. If this happens, you can recover compensation.
However, slip and fall cases are rarely black and white. Because of this, it is best to hire an experienced Corpus Christi personal injury attorney for help. At the Burkett Law Firm, we have represented thousands of similar cases and will fight for your rights to help ensure you receive a fair amount of compensation.
When Is the Property Owner or Business Owner Liable for Your Slip and Fall Accident?
Just because you had a slip and fall, it doesn’t mean the business or property owner where the accident occurred is automatically liable. The fact is, accidents can occur if the floor is uneven, something has fallen on the ground, or if the floor is wet. To some extent, this is part of life.
Hiring an attorney will help you determine if you have a viable compensation claim. The only way to do this is by proving that the owner had a duty of care and that they had breached the duty in some way.
Every property and business owner has a certain duty to take reasonable steps to ensure their property is safe and free of issues that may result in a slip and fall. To prove that the owner was negligent in your slip and fall accident case, you have to prove this. Some of the things you must show include:
- Someone was aware of the dangerous condition or situation but did not act to correct it.
- The owner or an employee should have been aware of the dangerous condition since a reasonable person would, and they would have removed the hazard or repaired the issue. You must consider if a reasonable individual would have seen or found the dangerous condition and if the property owner had enough time to fix the dangerous conditions before the accident took place.
- The dangerous condition was the result of actions or inactions of an employee or the property owner.
Showing a Property Owner Acted Unreasonably
In most slip and fall accidents, you must show the owner should have been aware of the condition since a reasonable person would have. Regardless of the scenario, you are working to prove to show the owner’s negligence, the reasonableness of their actions will likely be considered.
You can ask a few questions to determine if an owner acted unreasonably. These questions include:
How Long Was the Defect Present?
The longer a problem was present, the more likely you can show that the owner’s actions (or inaction) were negligence. An example of this is if a spill was left on the floor multiple hours. Chances are, in this situation, the owner would be considered liable if you fall than if the spill happened just a few minutes before your accident.
What Type of Daily Cleaning and Maintenance Does the Owner Do?
It’s important to consider how often the owner or someone at the property cleans or inspects the surroundings. Evidence to back up these claims is also considered.
Why Was the Item That Caused Your Fall on the Floor or Ground?
If you tripped and fell because of something on the floor or ground, you must consider if it was there for a legitimate reason when the fell occurred. Even if the object was on the floor or ground for a legitimate reason at some point, the owner might be held liable if it was left there too long or if someone was careless and left it there.
Was It Possible That the Hazard Could Have Been Moved to a Safer Location?
Proving that the object that resulted in your fall could have been relocated to a safer place with minimal inconvenience to the owner is an effective way to prove their negligence.
Should or Could the Owner Have Posted a Warning?
Was it possible for the owner to have posted a warning about the hazard or even established a barrier around it? If so, you can use this to prove the property owner should be held liable for your injuries because they did not take the steps a reasonable person would have in that situation.
Hire a Personal Injury Attorney for Help with Your Slip and Fall Case
Unfortunately, slip and fall accidents happen all the time. If you want to have the best chance to prove the property owner or an employee was at fault for your fall and injuries, it is best to contact our team of personal injury attorneys at the Burkett Law Firm. We are here to help with your personal injury needs.