A slip and fall injury is covered by the premise liability laws, for the reason that slip and fall accidents commonly happens on property or premises owned by another person or legal possessor thereof.
In the United States, slip and fall is within the scope of tort law, which is described as a claim or case based on a person slipping and falling in someone else’s property or premise. These occasions usually occur when the premise owner has been negligent in allowing some dangerous condition to exist that caused the accident.
In most cases, slip and fall accidents happens in homes or villages. Also, slip and falls may happen in supermarkets, shopping malls or any like premises where potentially dangerous instrumentalities were maintained therein.
The Basis of Premise/Property Owner’s Liability
The primary basis of the premise or property owner’s liability is negligence. This is the property owner’s negligence in knowingly or unknowingly allowing or maintaining any potentially dangerous conditions on their property that causes someone to slip and fall.
The usual argument against the property owner was that they did not take the proper precaution in keeping their property safe from any foreseeable danger.
On that line, the property owner has an obligation to make sure that their premises or stores are kept safe for the public.
To be protected under the law against any claims or liability, the property owner should take care of their concerns respecting their property by keeping it safe.
Defenses available to premise/ property owner
The first and overused defense that the property owner invoked in slip and fall claims is that they were not negligent. This is actually in contradiction to the basis of their liability.
The exercise of due negligence in safekeeping its premises is the standard of test that usually used by the courts to gauge property owner’s liability.
In the same way the property owner is permitted to show that it exercised proper and due diligence in the care of its property to keep it away from danger.
To illustrate, the property owner may claim that the stone that the innocent passerby slipped upon had been dropped by another person and that they had exercise due diligence in taking steps to lessen the danger.
The second defense that usually being invoked by property owner was that the injured people were negligent themselves.
- that they have safely keep their property away from harm
- that they have exercise all reasonable precaution and
- that the accident would not happen if the victim was not negligent themselves
In some cases, the property owner may invoke that the injured was an intruder or trespasser. This defense may be permissive in some cases where the property or premises are enclosed with fences and that slip and fall accident happened therein.
Slip and Fall Lawsuits
Like any other claims for personal injuries, a necessary court action should be filed to enforce your right for compensation or damages for injuries sustained due to the slip and fall accident.
Burden of proofs shifts as the case progress but usually the law sides with the injured party upon proof of negligence attributed to the property owner or possessor.
When you have slipped, tripped or fallen in someone else’ property without your fault, you should seek the services of a slip and fall accident attorney to protect your rights in your slip and fall claims
About the Author
For expert legal advice and representation on your slip and fall accident claim, seek the assistance of our personal injury defenders. Log on to http://www.personalinjurydefenders.com/Slip-And-Fall-Accident-Attorney.html for more information.See Also:
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