Slip and Fall

Proving Liability in a Slip-and-Fall Accident

By June 18, 2021 July 8th, 2021 No Comments
Chemical And Electrical Burns

Slip-and-fall accidents result in varying injuries from mild ones to severe ones. If the negligence of another party caused your accident, the law allows you to file a claim seeking the rightful compensation. However, you have to prove liability and show that they neglected their duty of care.

Seek the legal advice and representation of an Atlanta car accident attorney to protect your rights. Here is more information about slip and fall liability:

Liability in Slip-and-Fall Accidents

Slip-and-fall accidents fall under the premises liability. This is the legal concept that protects visitors and occupants from injuries caused by unsafe or defective conditions on a specific premise. These premises include stores and rental premises.

Premises liability is broad because it also includes negligent security, dog attacks, electrical accidents, and exposure to toxic chemicals. To hold the manager or the owner responsible for your slip-and-fall accident, you must follow a specific theory.

This means proving that the owner was aware of the hazardous condition, had the time to repair or remove the potential danger, a reasonable person would have identified the danger, and the owner failed to act responsibly to avoid the accident. Additionally, you must show the court that the negligent party’s actions caused you to trip and fall, and thus the injuries.

Duty of Care

As discussed above, you are protected by the law if you are a visitor to the premises. This is because not everyone will receive compensation if they slip and fall, even if the owner’s negligence directly caused the accident. Some states have an exemption depending on the status of the visitor. There is the invitee, licensee, and trespasser.

  • Invitee: This is an individual granted permission by the landowner to enter their property. Examples of invitees include relatives, friends, and neighbors. According to the law, permission means that the landowner owes the invitee a duty of reasonable care to avoid accidents.
  • Licensee: This is an individual with the permission to enter the premise but does so for their own purposes. A perfect example of a licensee is a salesperson. The landowner also has a duty of care if they are aware of the condition that might cause an injury.
  • Trespasser: A trespasser is not legally authorized to be at the premises. Therefore, the landowner does not owe them a duty of care if they slip and fall on their property. The only exception is if the trespasser is a child.

Proving Fault in Slip-and-Fall Accidents

Like all other personal injury cases, it is your duty as a plaintiff to show negligence to win the case. You should look at whether the obstacle existed long enough for the owner to take action if the owner carries out routine checking for potential danger and whether the hazardous condition could have been made less dangerous through certain measures.

An experienced attorney will investigate, handle negotiations, and prove liability in court. Schedule an appointment online or call the offices at 404-902-3154.

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