Thousands of people are injured every year, some seriously, when they slip and fall on a flight of stairs, a rough patch of ground or a dangerous floor.
Who is responsible?
Depending on the circumstances, sometimes the property owner is responsible and sometimes he or she is not. It is normal for things to fall onto the ground or something to spill onto the floor – it happens every day in a residence, retail store or office building.
What about walking down the street? How many times have you seen construction going on? How many times have you seen new drainage grates being put into the ground?
You can’t expect a property owner to always immediately pick up or clean a slippery substance on a floor. A property owner can’t always be held responsible for this incident or for someone slipping or tripping on something that the average person should expect to find there and avoid. After all, we have an obligation to watch where we’re going.
With that said – property owners do need to be careful in keeping up with their property. The following are some rules to help you decide whether someone else was at fault for your slip or trip and fall injury:
- The owner of the premises or an employee, must have caused the spill, torn carpet spot or slippery substance on the floor
- The owner knew about this dangerous substance, but did nothing to correct it
- The owner or employee should have known about the hazard because a “reasonable” person taking care of the property would have discovered it, removed it, or repaired it
In most cases, premises liability is decided by common sense. It comes down to the judge and jury determining whether the owner of the property was careful – did he or she take “reasonable” steps to keep the property safe?
To learn more about liability, and if you might have a case against a property owner for negligent upkeep, or carelessness, a personal injury and accident law firm can help you determine.
You ask, “What is reasonable?” The law determines whether the owner makes regular efforts to keep his or her property safe and clean.
Finally, did you slip or trip and fall because of your own carelessness? Should you have been in the area where the dangerous substance was? Were you distracted when you slipped?
If you or a loved one has been seriously injured on someone else’s property due to their negligence, carelessness, or wrongdoing, please contact the personal injury law office of Maggiano, DiGirolamo & Lizzi to learn more about how we can help you.
In a slip and fall case, a victim may be awarded monetary compensation for damages, including medical expenses, rehabilitation, lost wages, loss of future income, mental anguish, and pain and suffering.
Call us today; we have offices in New Jersey and New York for your convenience.
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