Each year thousands of people are injured during a slip and fall accident. The cause can range from a wet floor, a rough patch of ground, defective stairs, and ice. The main question is who is at fault, the property owner or the injured party. This can be complicated but there are some definite guidelines for finding fault.
First, it is important to remember that some slip and fall injuries are part of every day life. It is normal for smooth surfaces to become uneven or for liquids to drip on the ground. Due to this, the property owner will not always be held responsible. It is reasonable to expect that we pay attention to our surrounding as we go about our lives.
However, property owners do have the responsibility to maintain the property they own. To determine who is liable for the slip and fall injury, there are a couple guidelines to be examined. In order for the property owner to be held legally responsible for the injuries sustained during the slip and fall situation, one of the follow must be true:
1. The owner of the property, or an employee must have done something that resulted in the spill, worn or torn spot, or other slippery surface
2. The owner or an employee must have been aware of the dangers caused by the situation but did nothing to rectify the problem.
3. The property owner or an employee should have know about the dangerous situation because any other “reasonable” caretaker of the property would have known about it and fixed the problem to prevent an injury.
If you have questions regarding a slip and fall injury, let a Provo Personal Injury Lawyer at Howard Lewis & Petersen, PC help you determine who is liable. We have the experience to help guide you through the process of a slip and fall lawsuit.Posted March 22nd, 2016