A slip and fall accident could happen anywhere, be it your workplace or any pubic space. Sometime you might lose your balance in a slippery fall or could trip and fall on an obstacle in the walkway. Whatever the cause is, the employer or business will be held liable for accidents in the workplace and the liability will be determined by carefully analyzing multiple factors including negligence.
After determining the liability, a person injured in a slip and fall accident can file a lawsuit by getting the help of a personal injury lawyer to get the settlement at the earliest. In this session, we discuss some of the crucial factors that determine the settlement in slip and fall accidents.
Disregarding the safety of others by failing to act in reasonable ways is regarded as negligence. Dangerous situations caused by leaking ceilings, potholes and uneven surfaces are all proofs of negligence. The key to the assessment of negligence is whether a reasonable person would identify the situation as hazardous and if the liable had the opportunity to improve the poor conditions prior to the occurrence of the accident.
As the burden of determining the negligence falls upon the plaintiff, they have to prove the following:
- Liable party had an opportunity to take actions that could prevent the accident but they failed in doing it.
- Even if there is a valid reason for placing the obstruction, the justification does not remain valid at the time of the accident, and no preventive measures were taken to stop the accident from happening.
To prove that a party is liable for the slip and fall accident, they should be legally responsible for the property, as well as any occurrences in that property. If an injury happens at the workplace, the business owner will be assumed the liability unless they own liability insurance. In that case, the plaintiff has to file a lawsuit against the insurance company instead of filing one against the insured.
Plaintiff’s Freedom From Fault
The slip and fall accident could have occurred due to multiple reasons and if the plaintiff has to place all liability on the defendant, they must be free from guilt. If there is any contribution from the part of the injured, they have to accept their portion of the liability and the defendant will not be assumed fully responsible for the accident.
There are chances for corporate companies and enterprises to be wrongly accused for slip and fall accidents that occur in their work locations. When an employee goes ahead with slip and fall lawsuit, the business owners can get the help of an experienced corporate lawyer who can assist the business in the legal formalities.