There are so many ways that you can get injured on a day-to-day basis. One of the most common ways is a slip and fall accident. Slip and fall accidents can be attributed to many of the regular occurrences of life, such as slippery surfaces, uneven ground, or damaged stairs. With so many different variables involved, proving liability can sometimes be difficult in these cases.
Is the owner always responsible for slip & fall injuries?
One of the most important things to remember when involved in a slip and fall accident is that you have a responsibility to use common sense when you are out and about. Property owners may not be held liable for injuries that you suffer caused by a hazard that a reasonable person would have known to avoid. While liability may not always be the fault of the owner, there is a responsibility to maintain the property that they do own.
In order to prove liability in a slip and fall injury, it must be shown that:
- The owner had a responsibility to take care of the thing that caused the injury
- A reasonable person would have known about and repaired the dangerous surface
- Nothing was done about a dangerous surface the owner or employee knew of
- You suffered damages due to this negligence
Most important to proving fault is determining what is reasonable. If the owner or their employee acted in a reasonable manner concerning the dangerous surface, they may not be liable. For example, if soda spilled on the floor at a restaurant and an employee set up warning signs indicating the presence of a slippery floor after they had mopped it up, they may not be liable if a person comes out of the bathroom and slips on the marked floor.
In any case, the court will determine if there was an element of your own carelessness that contributed to the injury. This will also be considered when evaluating how much you may be awarded for damages as a result of this injury.
If you have suffered a slip and fall injury, you may be entitled to compensation for your accident. The Anchorage personal injury attorneys at Power & Brown, LLC are here to obtain the best possible outcome for your case!