Determining Who Is at Fault in a Slip-and-Fall Accident

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Have you recently suffered an injury from a slip-and-fall accident? There’s a good chance that you’re thinking about taking legal action. Before you decide to file a lawsuit, however, there are few things that you should take into consideration.


Your Role in the Accident

Did the slip-and-fall happen due to your own carelessness? A judge will be less likely to rule in your favor if there is a chance that the accident could have been avoided altogether. The following situations are examples in which a slip-and fall victim might be at least partially to blame:

  • Choosing not to use a handrail to help them up or down icy stairs
  • Walking on icy parts of a sidewalk or parking lot when they could easily have been avoided
  • Running across a wet floor despite the presence of a caution sign

If it can be proven that you could have avoided the accident or that you were negligible in your actions, then you may want to reconsider opening a case.


Negligence of the Property Owner

Was the property owner negligible? If reasonable efforts were made to keep the property safe and clean, the property owner may not be liable. Throughout a case, the following questions will be considered to determine negligence:

  • Were they responsible for the dangerous condition?
  • Were they aware of the dangerous condition and took no measures to correct it?
  • Was the dangerous condition present long enough that the owner should have been aware of it and corrected it?

If any of the above could be true, you may have a case. Whether the dangerous condition was a broken step, ice in high-traffic areas, or standing water, you need to be able to prove their responsibility in the resulting injury.


Shared Responsibility

There are situations where both parties may be responsible. If it can be proven that both parties were negligent, the property owner would not be fully liable for the damages. Instead, they would only be required to pay for a percentage of the damages. The amount of the percentage is something that would be determined by the court.


Now that you know a little more about what factors can affect the outcome of a slip-and-fall case, you’ll have a better idea of if your case is worth pursuing. It is still imperative that you consult with an attorney before choosing to file a lawsuit. At The Law Firm of Stefan Shaibani, PLLC, we offer free case evaluations. Contact us today to schedule a consultation appointment.

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