Thousands of slip and fall accidents are reported every year. The reason for each of these accidents may be a silly one or a severe one. Wet floors, rough patches on ground, oil spilled floor can all be the reasons for a slip and fall accident.
In every slip and fall accident, the property owner or the manager cannot be simply held responsible. There are many factors to be considered before determining the liability of the owner or the manager of the property where the person slip and fell.
If you or your loved one had a slip and fall in someone’s property, the owner of the property can be held responsible if the owner or his employee directly caused the condition that made you fall and get injured. Also if the owner or the concerned person had knowledge of the dangerous condition but he had failed to take the proper action to rectify it, he can be held liable for the accident that you suffered.
There is also one more way in which you can sue the property owner. That is by proving that he actually should have known about the dangerous situation from a person who is responsible to maintain the place properly. This can be the point used to sue the owner but this can be difficult because there is no specification as to the extent of the term “should have known”. The court will look to common sense and the standard in society to determine the liability in this case.
It should be understood that the court will also look into your own negligence which can be the reason for your slip and fall accident. The California law of “comparative negligence” will be applied here to find out who was more negligible in the case. The court will examine the case in its depth to understand the actual cause of the fall. If there were proper warning signs of the danger and if there was any other reason which distracted you while you slip and fell, it will all be considered seriously to determine the final liability of the injuries caused by the accident.
Also, there will be inquiries as to the negligence of the defendant. If he was negligent in maintaining his property safely, it can cause the liability to be upon him. But again the comparative negligence rule will determine the real person liable for the slip and fall accident.
It will be in your best interests to seek the help of a slip and fall accident attorney to know the possibilities you have to hold the other party liable for your slip and fall.