Proving Fault in Slip-and-Fall Accidents

    PHILADELPHIA, PA, November 20, 2011 /24-7PressRelease/ -- Every year, thousands of people are seriously injured when they slip, trip, and fall on a hazardous patch of ground. Property owners have a responsibility to ensure their premises are safe, especially if the public regularly uses them. If a property owner's neglect or recklessness leads to a slip-and-fall accident, they can be held liable for any serious injuries a victim suffers.

What You Need to Prove in a Premises Liability Claim

Unfortunately, it is often difficult to prove fault in slip-and-fall accidents. Property owners will try to shift the blame onto the victim, claiming it was their own carelessness that caused the accident. In order to secure compensation in a successful slip-and-fall accident claim, you will need to prove that one of the following statements is true:

- The property owner caused the hazardous condition
- The property owner was aware of the hazardous condition and failed to address it
- The property owner should have known about the hazardous condition, since "any reasonable person" would have known

Additionally, you must be able to prove that the dangerous premises caused your fall, and that you suffered injuries as a direct result of your fall.

Addressing the "Reasonable" Problem

Most premises liability claims deal with the third statement in the above list. Liability in these types of cases is most often decided by sheer common sense. Judges and juries must decide whether or not the steps the owner took to keep their property safe were reasonable.

In order to determine a property owner's "reasonableness," the law usually concentrates on whether or not the owner has made regular efforts to keep their property safe. For example:
- Does the owner have a thorough procedure for cleaning, examining, and repairing the premises? If so, do they have proof of this regular maintenance?
- If an object on the premises caused the victim to slip and fall, was there a legitimate reason for it to be there? If there was once a good reason for it to be there, but that reason has now passed, could the object have been removed or made safe?
- Did broken or poor lighting contribute to the slip-and-fall accident?
- Could a simple warning or barrier have been created to prevent people from tripping or slipping?

If the answers to any of these questions are in your favor, you may have a legitimate claim for compensation for your injuries.

If you have further questions about slip-and-fall claims or premises liability law, please visit the website of the experienced Philadelphia personal injury attorneys at Wapner, Newman, Wigrizer, Brecher & Miller today at www.wnwlaw.com.

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