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Slip and Fall in Business Establishments: Proving Fault

By Admin / Published on Friday, 31 Mar 2017 08:21 AM / Comments Off on Slip and Fall in Business Establishments: Proving Fault / 86 views

folder with the label Occupational safetyWhen you open up your business space to the general public, you also open up yourself and your business to potential claims of slip and fall. The term slip and fall is utilized for personal injury lawsuits wherein an individual falls, trips, and slips, and gets injured on the property of another individual. Hazardous conditions like terrible lighting, damaged carpeting and flooring, wet flooring, or narrow stairs could cause a person to fall and/or slip inside a property.

Fault in Claims of Slip and Fall

There’s no clear-cut approach for determining when the owner of a business could be held legally liable for slip and fall injuries of a customer. Every case would look into whether relevant individuals acted cautiously to avoid tripping and slipping, and whether the injured individual was careful to avoid the situation that resulted in his or her accident, explains a lawyer in Springfield, IL, who handles slip and fall lawsuits.

In general, however, the injured individual should prove that his or her accident was due to a hazardous situation and that the property possessor or owner knew about the potentially dangerous situation. This dangerous situation should present an unjustifiable risk to anyone on the property. Likewise, it should have been a situation that the injured individual shouldn’t have expected given the particular circumstances. However, the latter rule infers that anyone entering the property should be aware of the obvious hazards.

Additionally, to determine that a property or business possessor or owner was aware of the hazardous situation, the claimant should prove that:

  • The defendant created the hazardous situation;
  • The defendant was fully aware of the existence of the situation and didn’t do anything to fix it; or
  • The situation existed for a significant amount of time that the defendant must have discovered it and resolved it before the slip and fall accident.

Defending a Claim of Slip and Fall

If you’re are property or business owner facing a potential claim for a slip and fall incident, you must seek aid from a qualified lawyer. Your lawyer would explore all strategies and defenses that might apply to your case and safeguard the liability of the business.