Proving Fault in Premises Liability Cases

Posted by & filed under Premise Liability.

Slip and fall accidents are very common. “Many thousands of people are injured each year – some very seriously – when they slip or trip and fall on a dangerous floor, a flight of stairs, or a rough patch of ground.” (Slip and Fall Accidents) Many people assume that in all slip and fall cases, the property owner is responsible. However, that is not always true. Premises liability law covers these situations, and liability (fault) must be proven.

Essentially, the property owner is only responsible if they were negligent in some way, such as allowing a ceiling leak to drip on the floor, leaving tile peeling and uneven, or leaving objects on the floor that shouldn’t be there. If a person slips and falls over something that is expected to be on the floor, then there is no liability.

Additionally, negligence must be proven. In other words, if there was a ceiling drip that just occurred and a victim immediately slipped on it, the owner of the property literally did not have time to know about the situation and show negligence.

Premises liability cases can be hard to prove, so any victim should take the time to choose an attorney very carefully. Since this law can be so difficult, the attorney will need to have extensive experience.

If you have been the victim of a slip and fall case or a premises liability case, then contact the law offices of Thompson Wedeking. We will be glad to discuss your possible case with you.