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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
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