Saturday, July 3rd, 2010
No one likes to think about getting hurt, or being responsible for someone else getting hurt. Most of the time, we go through our days without needing to worry. Then, one day, it happens. You slip and fall on someone's property in , and suddenly everyone is paying attention. How did it happen? Whose fault is it? Assessing whether there is liability and what legal course of action should be taken can be a complex issue. When you slip and fall on someone's property in , emotions run high and can cloud your thinking.
Figuring Out Liability: Is Someone To Blame?
There are times when no one is at fault in these sorts of cases. A product can drop off a shelf too fast for someone to pick it up. A spill can happen in a remote corner of a building employees are only told to clean every two to three hours. As careful as a company or property owner might be, accidents do happen. So, when you slip and fall on someone's property in , it might just be one of those unfortunate things.
Your Own Role: Being Honest With Yourself
While property owners have a reasonable duty to prevent and repair hazards, people need to exercise a general sense of awareness and responsibility as they go about their day. Part of building a case when you slip and fall on someone's property in is asking yourself about your role in what happened. If the owner can show that a reasonable person could have avoided the hazard you say caused your injury, then you may not have grounds for a complaint. One example would be: if there was a sign warning customers of a spill, but you didn't see it because you were walking and texting, then the property owner is likely not responsible.
If You Are In Doubt: An Attorney Can Help
Other situations are not as cut and dried. Part of the process of determining who is at fault when you slip and fall on someone's property in is figuring out whether the owner is reasonable about upkeep of the property. "Reasonable" can be a vague legal concept, so you might need help determining it. That's where an attorney can come in. They can talk with employees about cleaning schedules, look at policies for maintenance and repairs, and find out if things about the environment at the time of the accident contributed to the problem.
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