It can be difficult to determine liability in a slip and fall personal injury suit. There are numerous ways in which a party can be held responsible and to what extent they are held responsible. Throughout the course of this brief article, you will learn how liability is determined in such cases. It is highly recommended that you consult a trusted personal injury suit attorney for more in depth information on such cases.
Liability In A Nutshell
In essence, there are two basic ways that you can determine how the property owner of a residence or place of business where you fell is liable for damages. First and foremost, the right conditions must be in place. In other words, did you slip and fall due to your own ineptitude or did something on the property cause you to slip and fall? For example, if the business owner was washing his or her floor, but made no effort to put up a sign stating that the floor is slippery and wet, then these conditions are in place. Secondly, the property owner has to have known about the state of his or her property or should have known about the condition of his or her property. If the property owner knew that an employee was cleaning his or her floor, but did nothing to warn customers of the state of the wetness of the floor, then he or she will most likely be found liable for the damages. It can also be argued that the business or property owner should always know about the state of his or her property, and thus should be held liable.
Reasonable expectation refers to the clause that a property or business owner should know about the state of his or her property. Reasonable expectation, in the eye of slip and fall cases, basically means that any reasonable person should know about certain aspects of his or her property. For example, if it is snowy outside, a reasonable person would believe that his or her property might be a bit icy and should take the proper precautions to ensure that the walking path on their property is free of snow and ice. A property or business owner cannot claim ignorance in most of these cases.
Slip and fall personal injury cases can be difficult to parse through, especially when it comes to determining liability. Hopefully, this brief article has given you some idea of how that is done. For more information, check out websites like http://robertkanerlaw.com.