logo for injury-settlement-guide.com
Home
Required Reading: How Claims Work
Basic P.I. Concepts
Who's at Fault?
After the Accident
Compensation
How to Negotiate
Accepting the Offer
Filing a Lawsuit
Hiring Your Lawyer
Extra Info
FREE Case Review
Case Types: Product Liability
Car Accidents
Medical Malpractice
Mesothelioma
Slip and Falls
Dog Attacks
Nursing Home Abuse
Workers Comp
Wrongful Death
Other Case Types
More Info: For Lawyers
New York Cases
About
Updates
Articles
leftimage for injury-settlement-guide.com
 


Slip and Fall Settlement Cases: A Closer Look at Property Owners' Responsibilities...

In a slip and fall settlement case there are some things you should look for to determine if the property owner was negligent

Building code violations are a big one and will be looked at closer in the next section. When the slip and fall personal injury resulted from a code violation your case is almost open and shut.

It will be the owner, rather than the independent business, landlord or manager, that you will likely seek damages from.

We've already said that in terms of slippery surfaces there is only so much you can expect the property owner to do to protect you.

In premises liability law, there are a few guidelines regarding slippery surfaces...

If the slippery surface was caused by the owner or an employee spilling something then their duty is to clean that spill immediately. There is really no exception here.

If the slippery surface was caused by another visitor then the owner’s duty is to clean it up in a reasonable time.

Since the spill should be cleaned as soon as it is discovered, the reasonable time is determined by how long it would take a reasonable person to discover the slippery surface.

Example: If the slip and fall personal injury happened in a bathroom ten minutes after the spill occurred the owner or business can claim that they're not responsible.

Having an employee check in on the bathroom once an hour is generally considered reasonable. As long as they can prove this happens they more than likely won’t be considered negligent.

Furthermore, a reasonable person would be aware of possible slippery surfaces when going into a bathroom. So they likely wouldn't win a slip and fall settlement because they had a duty to maintain their own safety.



These slippery surface scenarios would also apply to an object left to be tripped over.

For instance, if a product were to fall from the shelf in a retail store the business should clear it as soon as they know about it.

In all cases (not just bathrooms) the property owner or business has a duty to regularly check that their property is kept safe.

The property owner, no matter if it’s a business or a private residence, is only responsible for what we call welcome visitors.

Visitors to the property that weren’t supposed to be there may have a slip and fall personal injury as a result of negligence but they won’t be able to make a sound insurance claim. (The rules change a bit if it's a minor.)

The famous example here is burglars. You have no legal obligation to make sure your home is safe for someone who breaks in.

If that person trips on a broken step, slips on a slippery surface or falls over things that were scattered on the floor, it is entirely their own fault.



Return from Slip and Fall Settlement to Lawsuit Settlements

Return from Slip and Fall Settlement to the Personal Injury Settlement Guide


Find out if you're entitled to a
          fast easy CASH settlement...


The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter.Click below to read our full User Agreement, Disclaimer and Copyright Information.

footer for injury settlement page

Unsolicited Testimonial...

"I want to thank you for the information you provide. I used Injury-Settlement-Guide.com extensively while negotiating a medical claim (broken ankle, 2 pins and 8% disability) with a large insurance company.

The negotiation tactics and information provided on your site made me feel one step ahead of the claims handler I was working with.

Again, thanks for providing this valuable information to the public. I hope many more people take advantage of your site."


Jay S. - Morris, CT