When a person slips and falls on someone else’s property, the injured person may view it as a given that the property owner will cover medical and other expenses. However, damages may be extensive, and a dispute over liability could arise.
When dealing with a slip-and-fall claim, the injured party must present conclusive proof of carelessness to the insurer or a court.
Proof of unsafe conditions
Personal injury cases require negligence to demand litigation. The property must have had foreseeable and preventable conditions that led to the slip and fall. Such hazards include:
- Debris or obstructions
- Potholes
- Wet or slick floors
- Improper maintenance
When a property owner creates a dangerous condition or permits the situation to continue, that individual or entity would likely have liability and owe the injured person damages. Businesses generally have insurance to cover such accidents, but a claimant may have to negotiate for a fair settlement.
When a visitor causes the hazard
Sometimes the dangerous conditions are due to a visitor to the property. If a fellow customer in a shop creates a slip-and-fall hazard, that individual might have personal liability. The property owner might still have some liability as well. The facts of the case would determine each party’s percentage of fault.
A person might cause their own injuries by roaming into a dangerous area with warning signs. In such cases, the injured person may not have a strong case. Even then, the circumstances could still place some fault on the owner.
A person who has a legitimate claim for a slip-and-fall injury might have to contend with a property owner who does not want to accept responsibility. Even worse, the insurance company may try to lowball or deny a claim. Clear evidence of negligence can help the case.