If you have hurt yourself on the premises of a business or on a private property, it is likely that you have incurred substantial medical costs, suffered a loss of wages and endured physical and emotional suffering as part of the process. Of course this is extremely frustrating, especially if you believe that the property owner in question was responsible for the injury that you received. When this happens, it’s important for you to know the responsibilities that a property owner has in regard to safety so that you can assess whether it is viable for you to make a claim.
Could the accident have been prevented by the property owner?
It must be asked first of all whether it is reasonable to suggest that the property owner could have prevented the accident from happening by carrying out appropriate safety actions and carrying out their duty to keep visitors safe. For example, if there was a broom lying across the floor in a common walkway, it is reasonable to suggest that the property owner or their employers had the responsibility to remove the broom in order to keep guests safe. If they did not do this and there was an accident as a result, they are likely to be held liable for this.
There are many cases in which a property owner could be held responsible for not maintaining a safe environment. The key for a plaintiff is to be able to show that if the owner carried out his or her duty, then the accident would not have happened. Making a slip-and-fall accident claim would then be possible.
Source: FindLaw, “Proving fault in slip and fall accidents,” accessed Nov. 8, 2017