If you slip or trip, there is no definitive way to determine when someone else is liable for your injury. Each situation depends on whether the property owner is acting with care so that it is unlikely to slip or trip, and whether you carelessly fail to see or avoid the situation that led to the fall. Here are some general rules to help you determine if other people are at fault for slipping or tripping and falling injuries.
In most cases, a person who slips, injures or falls on another person’s property must prove that the cause of the accident was a “hazardous condition” and that the owner of the property or the owner of the property knew of the hazardous condition. The dangerous situation will certainly bring unreasonable risks to the people of the property, and it must be the situation that the injured party cannot expect in this case. The latter requirement means that people must be aware of and avoid obvious dangers.
In order to establish that the owner of the property or the owner of the property is aware of the hazardous situation, it must be demonstrated that:
The owner creates the condition;
The owner knows that the situation exists and fails to correct due to negligence; or
The condition exists so long that the owner should have discovered and corrected the condition before a slip event occurred.
In order for the property owner or the property owner to take responsibility, it must be foreseeable that his fault will cause controversy.
In order to make up for other people’s property suffering from slipping and falling injury, there must be a responsible party who negligently causes the injury. This sounds obvious, but many people don’t realize that some of the injuries are just accidents (if any) caused by their carelessness.
Commercial real estate
To be legally liable for injuries caused by someone falling on someone’s property as a result of slipping or tripping, the owner / owner of a store, restaurant or other business (or employee of the business):
Spills, worn or broken spots, or other smooth or dangerous surfaces or objects must be left at the feet;
Must have known the dangerous surface, but no action was taken on it; or,
Dangerous surfaces should be known as they will be found and removed or repaired by “reasonable” personnel looking after the property.
The third situation is the most common, but it is also less clear than the first two because of the phrase “should know”. In these cases, responsibility is determined by common sense. The law determines whether the owner or occupier of the property is prudent by determining whether the measures taken by the owner or occupier to keep the property safe are reasonable.
In slip cases involving commercial property, there are usually many people or entities responsible for someone’s injury.
In the same residential environment, the landlord may be liable to the tenant or a third party for the slipping and falling of the leased property. To hold the landlord liable for the injury, the tenant must prove that:
The landlord controls the conditions leading to the slide;
Repairing the disease will not cause unreasonable cost or difficulty;
Serious injuries are the foreseeable consequences of disease that cannot be solved. And,
The landlord did not take reasonable measures to avoid accidents, which caused the tenant to slip and fall.
Special rules apply when property owned by local, state or federal government entities slips and falls. In particular, there are very strict notification requirements and a wide range of exemptions, sometimes exempting government entities from liability for damage to their property.