Slip and Fall Settlements: Liability Involving Dangerous Property...

Slip and fall settlements are quite common. And why not? We walk around outside and into buildings more often than we drive. And when we're walking we encounter as many, if not more obstacles than when we're in a car.

If you slip and fall and get injured, you've got to go through the same process as if you were in a car accident. You need to prove liability, which means you have to find negligence and causation.

Unlike car accidents though, the signs that someone was actually negligent aren't as clear cut. When driving a car there are rules and laws for how you get around. This means your duty of care is largely defined by very specific vehicle codes.

There are very few laws on the books that regulate how anyone has to walk. In fact, the only laws that really exist for walking are to protect you from cars. Therefore, liability in slip and fall settlement cases can be hard to determine. It almost always comes down to finding whether or not someone else was acting reasonably.

The phrase 'Within Reason' comes up in the law a lot, often making personal injury cases very subjective, and slip and fall injury lawyers rarely agree on what qualifies.

Common reasons for a slip and fall injury are slippery surfaces, unseen objects and worn or torn floors or floor coverings. These all present similar liability issues.

How long was the surface in that condition?

If it's slippery due to spillage, who spilled?

If there's an object that was tripped over, how did it get there?

If you believe something other than bad luck is at fault, then proceed as you would with any other kind of accident. Examine the environment. Talk to witnesses. Ask questions and take pictures.

Because liability in slip and fall settlements will most likely come down to whether or not the other party was acting reasonably, it's the presentation of your argument that will make or break your case.

So when you finally do approach the insurance company, stress any evidence you know could sway a judge later on and make it clear that you know what you're talking about.