Daniel R. - $10,500,000.00
Slip and Fall
Slip and Fall Highlights
- This type of accident is considered a negligence tort.
- Slip and fall cases will hinge on whether the business owner had knowledge of the condition that caused the accident.
About Slip and Fall
Each year thousands of people are injured in slip and fall accidents. This type of accident is considered a negligence tort. To have a successful case, the injured party must show that the owner of the premises had a duty to provide a safe premise and that he breached that duty. The injured party must also show that this breach caused the injury and resulting damages to the accident victim. Generally, slip and fall cases will hinge on whether the business owner had knowledge of the condition that caused the accident.
The injured party can show the owner had knowledge of the dangerous condition in one of three ways.
- The owner or an employee caused the condition that led to the accident.
- The owner or employee knew of the condition but failed to remedy it.
- A reasonable person would have discovered and repaired the condition through regular maintenance.
If you have been injured in a slip and fall accident you may be entitled to a cash settlement. Please complete this form and one of our attorneys will contact you, or call 1-800-LAW-Firm now.
Generally, most injured parties rely on the third option. The key determination the court will have to make is whether the owner was unreasonable in failing to detect the condition that caused the accident. To determine this the court will rely on facts specific to the individual case. For example, they may look at the length of time the condition existed as well as the maintenance and cleaning procedures of the owner. If an object caused the accident the court will look to see if there was a reason for that object to be there and if that reason existed at the time of the accident. The court will consider whether or not the accident could have been prevented by a warning sign or barrier, and if other controllable factors contributed to the accident.
The court will also look at whether the injured party contributed to the accident. While the injured party generally doesn't have to prove that he was not careless, the court may use it to reduce the amount of money he is allowed to recover. Also, the owner may raise this as a defense to their responsibility.
