Dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and hurt him or herself inside a building. Other instances of slip and fall incidents can occur when people trip on broken or cracked public sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.Proving Fault in Slip and Fall Cases
There is no precise way to determine when someone else is legally responsible for your injuries if you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition", and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers.
In order to establish that a property owner or possessor knew of a dangerous condition, it must be shown that:
* The owner/possessor created the condition;* The owner/possessor knew the condition existed and negligently failed to correct it; or
* The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.
For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue. For instance, if a can of paint falls to the ground and spills into an aisle in a hardware store and, one day later, the store has not noticed or cleaned up the spill, and someone slips in the paint and is injured, one might argue it was foreseeable that the store's negligence in failing to inspect its aisles and clean up spills would result in someone slipping and injuring himself on a spilled item.
Have you been involved in a slip and fall accident? For more information on Slip and Fall injury claims in the UK contact the helpful solicitors of InjuryLawyers4u.co.uk
Source: FindLaw.com
