To successfully prevail in a slip and fall accident, the liability of the property owner must be proven. The following is provided for informational purposes only and is not to be construed as replacing the advice of an attorney. Anyone who has been injured should contact our legal team at DiTomaso Law immediately.
The Four Elements of Liability
Some experts believe that upwards of 95 percent of slip and fall accidents are preventable. This also means that most accidents were caused by the neglect or indifference of another and if so, they are liable for damages. Proving liability is the key to winning a claim.
To prevail in a premises liability claim for injuries sustained in a slip and fall accident, the injured party will have to prove that either the property owner directly caused the injury or should have known their property was going to injure someone, and was negligent in their duty of care. Consider each of these four elements.
Duty of care. Owners have an obligation to keep their properties maintained to the best of their ability. They must keep debris out of walkways and clear snow and ice. They must repair broken concrete and other trip hazards, keep lighting repaired to avoid nighttime hazards, and clean up spills in a timely manner. The owner of a property is responsible for those who enter and must ensure that public spaces are kept as safe as reasonably possible.
If a property owner directly causes an accident either through malice or otherwise, they are responsible. An example would be leaving a hose stretched across a busy sidewalk or some other obstacle which could trip someone.
The key to any claim of accident liability is negligence. If a reasonable person would not have believed anything could be done to avoid the accident, then the courts are likely to rule in favor of the property owner. For instance, say a shop opens at eight in the morning and there is an ice storm the night before. The shop owner must have the ice in front of his establishment cleared in time for opening, but would not be expected to do so prior to that.
The injured person must have an injury that is compensable.
Cherry Hill Slip and Fall Lawyers at DiTomaso Law Help Accident Victims Prove Their CaseThe most important thing is to prove liability. The Cherry Hill slip and fall lawyers at DiTomaso Law help accident victims discover what caused the accident, then prove property owner liability. For a free review of your case, contact us online or call us now at 856-414-0010 or 215-426-4493. We serve clients throughout Southeastern Pennsylvania and South Jersey, including Cherry Hill, Philadelphia, Mount Holly, and Camden County.