When is a Slip and Fall Accident My Fault?
Posted in Firm News,Personal Injury on January 25, 2017
Determining legal responsibility for an accident can be complicated, but what it really comes down to is whether someone was careless or negligent. If you were injured because of a person or company’s negligence, then they are the ones liable and you may be able to receive compensation to pay for your injuries. But it’s not always easy to prove someone else was liable, and there are many factors that could put you at fault. Contact a Torrance slip and fall accident lawyer for more information.
Am I At Fault For My Slip and Fall Accident?
Many times, accidents happen because one person was careless, and liability is often times determined by the rule of carelessness. This rule states that the person who was less careful must pay for at least a portion of the damages suffered by the more careful person. In these cases, a business, a single person, and even you can be the one at fault. This can be more precisely determined by the following guidelines:
- If the injured person was where they were not supposed to be, or somewhere they should have expected a dangerous circumstance, the person who caused the accident might not be liable because that person didn’t have the expected responsibility to be careful toward the injured person.
- If the injured person was also careless, their compensation may be reduced by the extent to which their carelessness was responsible for the accident
- If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
- If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property.
- If an accident is caused by a defective product, the manufacturer and seller of the product are both liable.
In slip and fall cases, the property owner may argue that you are responsible for the accident that led to your injuries. There are a few things you should consider to make sure that you are not to blame for your accident:
- Were you engaging in an activity that may have prevented you from noticing the hazard? Maybe you were distracted by your phone?
- Did you have lawful access to the area where the accident occurred? Property owners are never liable if the plaintiff was trespassing.
- If the accident happened in a dangerous area, was there a legitimate reason for you to be there?
- Were there any warning signs or safety messages posted?