Legal Liability in Slip and Fall Accidents
Slip and fall accidents may be a common occurrence but it doesn’t mean that all incidents are without legal liability. Slip and fall accidents are no laughing matter, according to the Centers for Disease Control and Prevention (CDC), 20 to 30 percent of all people involved in a slip and fall accident suffer moderate to severe injuries such as:
- Cuts and bruises
- Broken bones and fractures
- Spinal cord injuries
- Head injuries
In fact, slip and fall accidents account for a large number of traumatic brain injuries as well as unintentional death. The CDC pegs that unintentional falls cause 20,000 deaths annually in the US and over 1 million Americans suffer from a slip and fall related injury.
Workers Compensation Liability
While a number of slip and fall injuries occur at work and victims can receive compensation under Workers’ Compensation, there are other parties who may be sued for damages after an accident.
Premises Liability Laws
Under the law on premises liability, if a person slips and falls on another’s property, the property owner may be held liable for the injuries sustained. To prove his liability, the following elements must be present:
- The owner of the property or his employee caused the dangerous condition of the floor or surface
- That he was aware of such hazardous condition but failed to fix it
- That a “reasonable” person responsible for the premises should have discovered and removed the dangerous condition
When the law speaks of “reasonable” – this means that the owner should make regular and thorough efforts to keep the premises safe and free from hazards.
Examples of Premises Liability Injury Claims
Thus, in the event that a person was injured in a slip and fall accident because of a wet floor with no warning signs or a worn and loose carpet, the owner may be sued for premises liability. Other examples of premises liability in slip and fall accidents include:
- Falling because of worn out or broken staircases
- Slipping on wet floors because of uncleaned spills or snow
- Slipping because of objects or obstructions on the floor
- Tripping and falling because of electrical cords and power lines
Bear in mind though that you cannot sue the owner of the premises if your accident was due to your own fault and negligence. So if you want to know more about your legal rights and remedies under the above-mentioned circumstances, you should seek the counsel of a slip and fall attorney in Los Angeles.