Personal injury cases that involve slip and fall incidents happen on someone else’s property. Cases of this type fall under a broader classification, known as premises liability claims. Slip and fall mishaps usually happen on property or premises maintained or owned by another person, who, in turn, is held legally responsible.
Why Slips, Trips, and Falls Happen
Many conditions can cause a person to slip or trip and fall, including torn carpeting, alterations in flooring, narrow steps, a damp floor, or poor lighting. You can also fall outside on a cracked or broken sidewalk, or fall down a flight of stairs. In addition, such a fall might arise when snow or ice is left on a sidewalk. A pothole can also be a source for the accident. Regardless of the actual reason, a plaintiff must sustain some type of injury in order to receive damages or compensation.
There is no precise method used by family solicitors in Yorkshire if you happen to trip or slip. Each case is based on whether the property owner acted in such a way to try to prevent the accident from occurring, or whether you were careless in avoiding the condition.
How Risk Is Determined
In most instances, a person who is injured by slipping and falling must show that the accident was termed as a dangerous condition, and that the owner knew about the condition. A dangerous condition is defined as a condition that presents an unreasonable liability or risk to an individual on a property. It must be a condition that the injured party would not anticipate. The latter requirement implies that individuals must be cognizant of risks and avoid dangers that are obvious.
To establish an owner’s noncompliance, you must show that the condition already existed and that he negligently failed to make a correction. The condition also must have existed long enough for the owner to do something about the danger. For the owner to be held liable, you must show that it was foreseeable that the owner’s lack of regard would create a hazard.
To recover compensation for such a mishap, it must be shown that a responsible party’s negligence led to an injury. This may sound apparent, but many people do not realise that their own carelessness sometimes leads to an injury.
What You Must Show to Collect
To be legally responsible for the injuries of someone who slipped or tripped and fell, the possessor of the property must have caused the spill or dangerous condition underfoot. They must also have known about the dangerous surface but done nothing to correct it. In other words, they did not remove the defect and/or repair it.
Liability in these cases, then, is determined by common sense. The law decides whether an owner used reasonable care in making sure an accident would not occur. If the accident happens on a commercial property, then a number of entities or people are often held responsible for the plaintiff’s injuries. In residential settings, the responsibility often extends to the landlord of a rental property.