Slip and fall liability cases can be uniquely complicated because it oftentimes boils down to whether or not the party in question acted “reasonably,” which may be difficult to demonstrate in court. It’s also important to note that in some cases, more than one party may be partly responsible, something which your McHenry County slip and fall attorney will be able to explain in greater detail.
Parties Potentially Liable in Slip and Fall Accidents
Most general industry accidents are slips, trips, and falls, and shockingly, these types of accidents cause 15 percent of all accidental deaths at work (second only to motor vehicles as a cause of fatalities), according to U.S. Department of Labor’s Occupational Safety & Health Administration. But slip and fall accidents may also occur on private property, on a business’s property, or even on public property.
There are several parties who may be held legally liable for someone’s injuries in a slip and fall claim, including:
- property owners;
- maintenance companies;
- landlords; and
Regardless of where the injury occurred (e.g., a place of business, a public place, or a residence), liability may be assessed if:
- the person in charge of the property directly caused the condition that led to the accident;
- the person in charge knew about the hazard but didn’t take the necessary steps to fix the condition; or
- the person in charge should have known about the dangerous conditions during normal care taking duties.
Four Important Slip and Fall Liability Factors
Essentially, in slip and fall liability cases, the courts will try to determine which party was responsible for the accident, and whether or not that party acted “reasonably.”
While there are numerous details that the courts might take into consideration, there are four broad factors that are typically assessed when determining liability in a slip and fall case:
- Maintenance Routine – The courts will look at whether there was a maintenance plan in place, and if it was carried out before the accident.
- Duration – They will also look at how long the dangerous condition had been present, and whether or not the caretaker had enough time to reasonably be informed of the condition.
- Reasoning – The courts will look at whether or not there was a viable reason for the condition. For example, if a trip occurred because of an object, they will look to see if there was a verifiable reason the object was in that location.
- Precautions – Lastly, they will determine whether or not the caretaker or owner took reasonable and necessary precautions to make the property conditions safe.
Help from a McHenry County Slip and Fall Attorney
Determining and proving liability in a slip and fall accidents can be tricky because it can be difficult to demonstrate that the other party was, in fact, responsible for the dangerous conditions present.
Our firm can help with a personal injury claim if you’ve been injured in a slip and fall accident as a result of another’s negligent actions or property upkeep. Feel free to contact us at (847) 854-7700 to begin discussing your slip and fall liability case.