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Exploring liability for slip and fall accidents

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Posted on June 25, 2020

Slip and fall accidents can result in serious, and unexpected, injuries for victims. Premises liability law is an area of the law that protects victims who are injured in slip and fall accidents and holds property owners liable when a victim has been injured on property they own or possess.

It is important for victims of slip and fall accidents to be familiar with the legal resources that may be available to help them with their physical, financial and emotional injuries, losses and damages resulting from a slip and fall accident. Victims have a reasonable expectation of safety while on the property of another. Property owners should keep their property free of dangerous or hazardous property conditions. This applies to all types of property, including stores and malls.

In general, property owners and possessors are required to remedy dangerous property conditions or warn the victim of the hazard. In some circumstances, the court may evaluate if the property owner, as a reasonable property owner, should have known of the dangerous property condition.

When assessing liability in a premises liability claim for damages, the court may consider the circumstances under which the visitor entered the property; the use of the property; the foreseeability of the accident or injury to the victim; and the reasonableness of the effort made by the property owner or possessor to repair the dangerous or hazardous property condition or to warn visitors of the dangerous or hazardous property condition.

There are several levels of consideration when evaluating a premises liability claim for damages following a slip and fall accident which may quickly become complex. As a result, victims of slip and fall accidents should be familiar with how a premises liability claim can help them recover damages and what to expect as they progress through the process to get the help they need for their injuries.