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Home » Consumer Information » Personal Injury » Proof of Liability » Slip & Fall Liability

Reason vs. Care

To determine the level of reason that a property owner demonstrates, the effort that they put forth to maintain a safe environment free of dangerous debris and other substances must be examined. The following are examples of questions that can be asked to help you surmise whether a property owner could be responsible for the damages incurred from your slip and fall accident:

  • If you stumbled on a ripped, cracked, or protruding section of rug, floor, or ground or slipped on something slick or unstable, had that risk been present long enough for the owner to be aware of it?
  • Is there an ordinary protocol that the property owner abides by in terms of checking, cleaning, and assessing maintenance issues on the grounds? If this exists, does the overseer have evidence of such a procedure?
  • If you tripped or slipped on an item someone put on the ground, did it make sense for the object to be placed there?
  • If there was a legitimate reason for the item to be there that no longer applies, could the item have been picked up or covered?
  • Was there a safer location where the item could have been positioned? Could it have been placed more safely and simultaneously avoid increased inconvenience or cost to keep it there?
  • Could a barricade have been constructed or a warning been provided to keep people from slipping and falling?
  • Was poor lighting a factor in the accident?

If you can agree with any of the previous questions, you may have a successful case on your hands, but you must still question whether your own negligence impacted your accident. Here are some questions similar to those that an insurance claims adjuster might ask to determine carelessness:

  • Do you have a good excuse for why you put yourself in a dangerous predicament, and should the property owner have seen this coming?
  • Would a typical person have realized the risk and maneuvered cautiously through the area or simply have avoided it?
  • Were there any signs that the area might have been dangerous?
  • Did anything distract you and direct your attention elsewhere, or were you moving or behaving in such a manner that increased your chances of falling?

It is unnecessary to prove to a claims adjuster that you did not act negligently. However, it is vital that you describe the scenario from beginning to end to paint the best picture for the insurance representative to understand there is no reason to pin the blame on you.

An accident attorney will help you lay your facts out in such a way that the insurance company works in your favor.