Can A Property Owner Be Held Liable For A Slip And Fall Injury?
If you rush across a floor and ignore any warning signs, before slipping and falling, then you should not expect to sin a large compensation, after suing the property owner. That example helps to highlight the factors that lay the foundation for a strong case, if someone has fallen at a spot controlled by a manager of a property owner.
Questions that tend to spotlight a breach of duty by the property owner:
Were the premises properly maintained? A structure must be inspected and repaired according to an established schedule. A piece of vacant land in an urban setting must be cared-for, so that wildflowers do not attract dangerous insects, such as bees.
Was there a dangerous spot in the area where the victim slipped and fell? Were any workers interviewed, in order to see whether or not they had recognized the dangers attached to that particular spot?
Had a warning sign been posted on the perimeter of that dangerous location?
Had an alternative path been made available to members of the public? Was there a safe entrance to or exit from that path? Those questions could apply to either a private property or to an area controlled by a municipality. Motorists should spot a detour sign with ease, if the local government has scheduled road work in a given region.
Questions that focus on a possible breach of duty by the victim:
• Had the victim become distracted? Did another person’s actions distract the victim?
• Did the victim’s own interests or curiosity play a part in distracting him or her?
• Was the victim wearing a sturdy pair of shoes? In winter, someone walking on the streets should wear a decent pair of boots.
Is it always clear to the court who should be held liable for a slip and fall incident?
No, the court may decide that both parties were partly to blame. If that is the court’s ruling, then the compensation package must be shared by the 2 opposing parties. The court decides what percent of the blame should fall on the plaintiff, and what percent on the defendant (typically, the property owner). Personal Injury Lawyer in Vancouver knows that the party bearing the largest amount of blame wins a smaller portion of the awarded compensation.
Who is responsible if someone falls on an icy sidewalk?
Most cities ask their residents to clear the ice and snow from the sidewalk in front of their home. A homeowner would not be held responsible for ice that formed, following removal of the original snow and ice. Yet a homeowner would be held responsible for a fall, if he or she had aided in some way the formation of a puddle, which froze, when the temperatures had dropped.