subject: FAQs About Slip and Fall Accidents and Its Legal Ramifications [print this page] FAQs About Slip and Fall Accidents and Its Legal Ramifications
Q: If I slip, trip, or fall in someone else's property, is the owner of the premise liable?
A: Yes, if you sustained injuries and the owner has failed to do his ultimate responsibility of providing safety for other people.
Q: How can I determine if the property owner is at fault which means that I deserve compensatory damages for the injuries I sustained?
A: There are basic factors which can determine if the owner is liable for the accidents in his premise.
The owner is responsible for ensuring the safety of other people in his premise.
The owner failed to provide a safe environment which has caused the accident.
The owner is fully aware of the danger in his premise but did not do something to fix this.
The victim's injury is a direct cause of the owner's negligence.
Q: What are the most common arguments of owners to avoid liability?
A: Property owners can avoid liability if they will prove the following:
The person who slipped and sustained injury should not be in the property in the first place. This means that when someone has trespassed into someone else's property, the owner is not responsible for the person's safety.
They already provided barriers or warning signs which were ignored by the person.
The injured person is careless. (Usually, this defense will only reduce the compensation the claimants will receive.)
The injured person entered a place where any reasonable individual will know that the area is obviously not safe.
Q: Is there a basic rule to determine if who is at fault in a slip and fall accident?
A: Yes. Since accidents happen when there is someone who is negligent, the court will determine if who is more careless. Is it you, or the property owner? The decision is based on common sense.
Q: What is contributory negligence?
A: This means that the injured person has also contributed to his injuries by being negligent and careless. If this is the case, the property owner who is also negligent is still liable and should provide monetary compensation.
Q: If I have proven that the slip and fall accident is a direct cause of the owner's negligence, what compensation should I expect?
A: You will receive monetary compensation that will cover your hospital expenses and future medical needs, loss of income, emotional and mental distress, physical disability (in serious cases), and other non-economic damages.
Q: What is the statute of limitation in filing for slip and fall lawsuit?
A: Statute of limitation is the law that tells the allowable timeframe of filing slip and fall lawsuit (this usually ranges from two to three years, depending on the state law). If a person fails to file his case within the statute of limitation, the court may void his claims.
Q: Is it ok to have out-of-court settlement?
A: Yes. You can receive monetary compensation in out-of-court settlement which is better than court litigation (which is more expensive and time-consuming).
