Key Points in Proving Fault in Slip and Fall Accidents in Frisco Tx
Each year thousands of people are injured through slip and fall accidents. Many of these incidents involve defective steps, wet floors or uneven flooring. The resulting injuries are often quite serious. Determining who is responsible for a slip and fall accident depends on several factors.
If you have a victim of a slip and fall accident, it’s important to keep in mind that falling can be a typical part of life and that a property owner cannot be held accountable for ensuring that every problematic area of their property. Being aware of surroundings is an obligation we all hold.
That said, some property owners need to be mindful of ensuring that their property is as safe as possible. As there is no one way to determine whether someone is liable for your slip and fall accident, accountability becomes more evident if it can be proven that a property owner has been careless.
Legal responsibility for a slip and fall injury is determined if one of the following points is evident.
The owner of the property or an employee:
- was the cause of the dangerous surface or the item on the ground
- knew about the dangerous surface and did nothing to rectify the situation
- should have known about the dangerous surface as it would have been discovered and rectified by a “reasonable” person
The final situation occurs most often but is less definitive due to the phrase “should have known”. In these situations, legal responsibility is often determined using common sense. Juries and judges decide whether the property owner or employee was careless by determining if the proper steps were taken to make and keep the premises safe.
Liability cases can be contingent upon whether the defendants were reasonable in their actions. The law determines reasonable actions by considering whether the property owner made the necessary efforts to keep the premises clean and safe.
The following questions may help you in determining whether the property owner o employee should be held liable for your slip and fall accidents.
- Was the problem area where you slipped, there for a long enough period of time that the owner of the premise should have known about it?
- Does the premise owner have a regular process for inspecting, cleaning, maintaining and repairing the property?
- Was there a reasonable reason for any objects to be on the floor or ground?
- Could or should the object have been removed?
- Was there a safer location for the object?
- Could a barrier have been positioned to prevent people from slipping or falling?
- Was the area poorly lit?
Carelessness of the Victim
In each slip and fall accident case, the careless of the victim must be determined. Comparative negligence rules are used in determining the care you took in the situation. It is vital to consider your own conduct before you file a claim.
If you have been a victim of slip and fall accidents in the Frisco Tx area, contact Reynolds & Reynolds law firm at 214-891-6606 to schedule a consultation appointment today!
Reynolds & Reynolds Law Firm | Slip And Fall Accidents Frisco Tx | 214-891-6606