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Who Is Liable for a Slip and Fall Accident?

If you have slipped and fallen down, resulting in an injury, this type of personal injury accident is categorized as a premises liability case. In such cases, there are some basic elements that must be addressed to determine who may be liable for injuries sustained.

Is the Victim Partially to Blame?

In slip-and-fall lawsuits, whether or not the victim was careless and contributed to the occurrence of the accident is taken into consideration. As such, your personal injury attorney must prove that your accident was a result of improperly maintained conditions on someone else’s property.

For example, if you were not supposed to be on the property owner’s premises, you might also be partially responsible for your accident. If you were running near the perimeter of a swimming pool, which is likely to be wet and slippery, and you fell, a property owner may likely not be responsible for your injuries. Factoring in what is considered reasonable for both parties is the critical element in figuring out who is liable.

Proving Owner Negligence

Whatever the case, if a property owner’s negligence in maintaining said property caused your injuries, that person can be held liable. The key here is that they must have known or had a reasonable amount of time to become aware of the hazardous condition, but failed to rectify the danger. As mentioned earlier, how reasonably careful you were is an important factor. Perhaps the floor was wet, the walkway was not reasonably lit, the stairs were uneven, or there were dangerous cracks in the pavement.

At Pratt Clay, LLC we provide client-centered representation. Our team of Atlanta premises liability attorneys have an extensive network of industry experts in a variety of fields, strengthening the cases and clients we represent, and leading to million-dollar recoveries on their behalf.

For a free case review, call us at (404) 998-5258.


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