The laws surrounding slip and fall cases, called premises liability, can be very confusing. Only an experienced attorney will understand how to approach these cases for the best possible outcome for the victim.
To understand just how confusing the law can be, one term that needs to be understood is “reasonable”. The property owner is responsible for making sure that the property itself is reasonably safe. What does reasonable mean?
“In determining a property owner’s reasonableness, the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean.” (Slips and Falls) For example, some of the questions used to determine reasonableness include:
- Was the spot of uneven carpet or flooring there long enough for the owner to have known about it?
- Does the property owner regularly inspect and repair the property?
- Was there a reason for an object to be left on the ground?
- Could some type of warning or barrier been placed to protect people from falls?
- Was the accident caused by poor lighting?
Essentially, the reasonable issue involves time and responsibility of the property owner. If they did not have time to know about the problem, then they are not liable. However, if they do not take measures to inspect their property or they leave a bad situation even though they know it, then they can be held accountable.
If you were the victim of a slip and fall accident, then contact the offices of Thompson Wedeking for a free consultation.