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How Is Fault Determined in Slip and Fall Accidents

On Behalf of | Mar 7, 2023 | Blog

Slip and fall accidents can be serious, and when they occur on someone else’s property, the injured person may have a right to seek compensation for their injuries. In order to pursue such a case, you will need to prove that the property owner or occupier was at fault in allowing the accident to happen. When it comes to slip and fall accidents, fault will usually depend on a few factors. With the team at Miller Injury Firm, we will help you navigate the intricacies of premises liability law and determine if you have a valid case and how best to proceed with it. Read on to learn more and contact our team to request a consultation!

The Duty of Care Owed by the Property Owners

In most cases, property owners must make sure that their premises are safe for visitors. This may include regularly inspecting the property for potential hazards and taking reasonable steps to address any issues. The extent of the duty of care owed to visitors will depend on the nature of the visitor’s relationship to the property. For example, a shopkeeper has a higher duty of care to customers than they do to passers-by.

The Condition of the Premises

Was there an obvious hazard or dangerous condition that should have been addressed? Factors such as the weather, lighting, and flooring conditions can play a role in determining fault. If the property was not well-maintained or there were known hazards that were not addressed, then it is more likely that the property owner or occupier will be held liable for any injuries suffered as a result of the accident.

Whether the Injured Person Was Aware of Any Dangers

Did the person who was injured have any knowledge of potential hazards on the property before the accident happened? If so, then it may be difficult to prove that the property owner or occupier was negligent. However, if there were no warning signs and the hazard was not obvious, then negligence might be easier to prove.

The Actions of the Injured Party

The actions of the injured party before and during the accident can also be taken into consideration when determining fault. If they were acting recklessly or failed to use caution, then the court may find that they were partially or fully responsible for their injuries.

If You Were Injured in a Slip and Fall Accident, Contact Us Today!

If you have been injured in a slip and fall accident, contact Miller Injury Firm as soon as possible. Our experienced premises liability lawyers will review your case and determine if the property owner or occupier is at fault for your injury. We represent clients in Murfreesboro, Lebanon, Brentwood, and Nashville. Contact us today to request a consultation with our premises liability lawyers!

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