Most Americans will suffer a slip and fall at one point in their lives. Most slip and fall accidents only lead to bumps and bruises. However, some slip and fall accidents can lead to serious injuries that may require hospitalization, time off from work, and years of recovery. One of the most common reasons for a slip and fall case is when the property owner is simply not reasonable when taking care of the problem in a timely manner.
What is Considered Reasonable in the Court of Law?
While some aspects of the law are objective, other aspects are highly subjective. For example, the courts will often consider whether the actions of the property owner are considered reasonable. The courts will have to determine if an individual of sound mind would take the same actions as the defendant.
For example, if you tripped over a bulging piece of carpet, you must ask how long that piece of carpet was in that state. You may find witnesses who saw how the carpet was bulging or even tripped over it.
Negligent Building Maintenance Leads to Slip and Fall Hazards
You may have tripped over an object that had a reason to be in that location. However, the reason for the object being in that location might have passed. Or, the object might have been necessary but there may have been a way that a reasonable property owner would have made the object more noticeable. Also, if there was a location that the object could have been relocated to that would have been safer, the property owner might be held liable for failing to do so.
A reasonable property owner would have a procedure by which their property would be examined and cleaned. The property owner should also provide proof that his property is maintained regularly.
Property owners are not expected to spring into action and immediately and repair a slip and fall hazard. The courts understand that it might take time for professionals to arrive and make the necessary repairs. However, the property owner can still use barriers to section the area off so that guests do not accidentally enter these areas in addition to using sufficient lighting.
Building a Case with Your Slip and Fall Lawyer
Your slip and fall lawyer will help you determine if you have a case. Not all incidents involving a slip and fall can lead to successful litigation, but your attorney can help you determine when it may be appropriate to pursue legal action.Share