Slip-and-fall accidents are an unfortunately common occurrence and can sometimes lead to serious injuries. While determining who is at fault in a slip and fall accident can depend on several different factors and circumstances, there are a few guideposts one can follow. A person injured in a slip-and-fall accident will generally seek to recover damages through a negligence lawsuit in state court. In a negligence action, the person or business whose “unreasonable” behavior caused the accident will be held responsible for the damages.
What is “Unreasonable” Behavior?
The best way to explain this is with an example. Imagine that you are working in a restaurant and you see someone slip on a drink that has been spilled on the floor. Now, imagine that the drink was spilled an hour ago and numerous restaurant workers passed by and did nothing. Also, the person who slipped is a 9-year-old child. It seems obvious that the restaurant behaved unreasonably when it did not fix the problem it clearly knew existed.
Because determining whether someone was behaving “reasonably” is the responsibility of the jury, there are no sure-fire examples of when someone will be absolutely at fault, in every circumstance. However, there are a few questions that can help a person better evaluate whether they may or may not have legal recourse for their damages:
Who caused the slippery conditions?
Generally, if one of the parties caused the slippery conditions, then he or she is more likely to be liable for the damages caused by those actions.
Who knew about the slippery conditions and when did they find out?
If one or both parties knew about the slippery conditions, then that could be evidence that they should have taken steps to prevent the accident. More important, though, is when the person found out about the slippery conditions. If a restaurant has been ignoring a spill for an hour, then that is certainly unreasonable. However, if the slip occurred within seconds of the spill, then it may be harder to argue that the restaurant behaved unreasonably when responding to the spill.
Who should have known about the slippery conditions?
If the party did not know about the condition, but should have known, then that could also point towards liability. In this situation, the law will not reward willful ignorance.
Unfortunately, not all slip-and-fall accidents are simple. For this reason, California law allows for juries to find multiple parties “comparatively negligent.” This means that even if the slip-and-fall accident was partially the fault of the injured victim, the victim will still be able to recover some of their damages. In these circumstances, the jury assigns a percentage of “fault” to each party and then holds each party liable for the amount of damages in proportion to the party’s fault. In the case of an at-fault victim, the damages award will simply be reduced by their fault.
To learn more about your legal options in a slip-and-fall accident find a slip and fall attorney in your area.
Personal Injury Lawyers in Philadelphia
Slip and Fall Lawyers in Philadelphia
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