Accidents happen regardless of whether you are at home or workplace. Slip and fall could happen due to a slippery or wet floor, or due to an obstruction caused by a walkway. The cause might be different but if the person is injured in a slip and fall at a public place or a workplace, the responsibility lies with the business or the employer. Determining the settlement for a slip and fall accident will consider several factors. It is recommended to approach slip and fall attorneys in such an event as they would provide the right guidance to deal with the case. Below is a discussion on the different factors that determine the settlement in the slip and fall accidents.
Factors That Determine a Slip and Fall Settlement
There are a few main points asked when there is a slip and fall accident.
- The party involved in the accident and their liability
- The liability of the party and their negligence or contribution to the accident
- The contribution of the injured party to the accident.
Negligence
Negligence refers to the lack of concern for the safety of other people. This also includes a failure to act reasonably to ensure everyone’s safety. Perhaps it was a situation caused by a leaking ceiling, a pothole, or an uneven ceiling. The key factor assessed is whether a reasonable person would be able to identify the potential danger of the situation and take essential measures to keep the dangers away. It also checks if there were sufficient opportunities for them to make the situation safer.
Liability
If you want to prove the liability of someone over an accident like the slip and fall, they should initially have the legal responsibility for the property and the events that take place in that space. The business owner or the property owner will have to shoulder the responsibility if they do not have an insurance that covers this responsibility. If they have insurance, the plaintiff must file a lawsuit against them to get the compensation they deserve.
Plaintiff’s Freedom from Fault or Contribution
There might be situations that caused the accident, but the plaintiff should be free of guilt in causing the accident. California has comparative negligent laws which mean that the compensation would be awarded on the basis of the percentage of fault that lies with the plaintiff.
You need to keep in mind the above factors when you determine the settlement involved in the slip and fall accidents in California.