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Slip And Fall Claims And Premises Liability
The injured person often has to prove that the cause of his or her accident was a "dangerous condition," and that the owner or possessor of the property knew of it. To be dangerous, a condition must present an unreasonable risk to individuals on the property, and must be something they were not anticipating under the circumstances. In other words, people must be aware of and avoid obvious dangers. For a property owner to be found liable for knowing of an a danger, it must be shown that:
- An owner (or employee or agent of the owner) should have removed or repaired a dangerous condition (i.e. a pothole or uneven walking surface), but failed to do so. The key question here is whether a reasonable person would have identified this condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident.
- The property owner (or their employee) was at fault: they left a hazardous obstacle on a walking path, for example, so it was reasonably foreseeable that someone would trip over it.
For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue.
- Was the dangerous spot there long enough that the owner would have known about it if you tripped over, broke, or bulged carpeting, flooring, or ground?
- Does the property owner follow a regular procedure for examining, cleaning, or repairing the property? Does the owner have any proof of this regular maintenance?
- Having tripped over or slipped on an object placed on the ground or on the floor, was there a valid need for the object to be there? Would it have been possible to get the object removed or covered if once there was a good reason the object was there, but now its purpose no longer stands? Can the object have been positioned in a safer manner, or in a more convenient location, without being much more inconvenient or costly to the property owner or operator?
- To prevent people from slipping or tripping, could a simple barrier have been created or a warning given?
- Was the accident caused by poor or broken lighting?
- Did you have a legitimate reason for being where the dangerous area was, or at least one that the owner should have anticipated?
- If a careful person had noticed the dangerous spot, would they have avoided it, or walked carefully enough not to trip or slip?
- Was there any warning that this spot may be dangerous?
- Do you think you were distracted from paying attention to where you were going, or did you run, jump, or fool around in a way that promoted you to fall?
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