Slip and fall law refers to the liability rules associated with a case in which a person falls to the ground and suffers injuries due to the bad condition of someone else’s property. This case falls into the category of personal injury law, and it uses the fundamental rules of negligence. A slip and fall case happening on the federal ground will be managed by state laws.
While generally defined as “slip”, this area of law refers to any incident that happens when the victim encounters an unsafe condition underfoot. Conditions that produce a stumble, twist, overextension, or other dangerous movements fall into this category. Direct reasons may include spilled liquids or foods, objects on stairs, cracked sidewalks, broken floor times, potholes, and uneven steps. Indirect reasons are missing handrails and dim lights.
A slip and fall lawsuit begins with the identification of responsible parties. Although such an accident may be the fault of an employee or tenant, the law involves additional parties in the case. These parties are the ones exercising ownership or control of the accident site. These may include the business owner, property manager, landlord, or property owner. In most cases, one or some of these parties will have liability coverage for the property.
Slip and fall accidents taking place on public properties force legal structures to work on special considerations. In the past, individuals were unable to sue the government. But, under the amended clauses of this law, the government has to allow itself to get sued in limited circumstances. in case of the qualification of an injury, victims must also comply with requirements and time limits.
Proving that the defendant is liable
Unless the defendant caused the incident intentionally, the plaintiff will have to register a case under the rules of the slip and fall law. Negligence refers to the failure to perform an action to prevent a nearly inevitable accident. For instance, a store clerk will have to put warning signs around recently mopped areas. Not doing so will raise the risk of a customer falling and getting injured. In that case, the store will be liable for negligence.
Whether or not a person acted negligently depends on their knowledge. The defendant’s knowledge of the dangerous condition will help maneuver the case in the correct direction.
A victim of the slip and fall accident is allowed to gather testimony regarding the accident. The court will use depositions to find what the witnesses will say. Thus the victim doesn’t have to wait for the witness statements.
In a negligence case, deposition testimony holds key value. Both the plaintiff and the defendant get a better understanding of the events that led to the accident by securing this evidence early. Then, the severity of the injury helps determine what the case is worth. That also helps to reach a fair settlement.
Remember, the conduct of the plaintiff also determines the credibility of the case. If the conduct is not good, a case seemingly favoring the plaintiff may get derailed.