Important Factors in Slip and Fall Cases
February 13, 2019Every legal case has applicable standards that determine the strengths and weaknesses of a plaintiff’s claim. A good slip and fall lawyer can help wade through the facts to help determine what is most important to your case. In a slip and fall case, it is important consider certain factors, such as who is liable for the slip and fall accident and if they were negligent or contributed to the cause of the accident in any way.
Who is Liable?
To show or prove liability, the property owner must have a legal responsibility to the person who was injured on the property. If the person was a trespasser or there were signs indicating that the injured person should not have entered a specific area of the property where he or she was injured, this may reduce the liability of the property owner. If the injured person was invited onto the property and was in a frequently visited area, then the liability of the property owner will be greater.
Was the Property Owner Negligent?
Negligence occurs when the property owner fails to act as a reasonable person would. A property owner may be considered negligent if he knows that there is damage to an area that he has failed to repair for quite some time and that inattention to the repair caused the accident. If the damage to the floor occurred just minutes prior to the plaintiff’s fall, then the property owner may not be considered negligent, depending on the hazard it created and whether he knew about it right away.
Other conditions, such as poor lighting, lack of company policy enforcement, or limited visibility, can also be factors that contribute to a property owner’s negligence if an accident occurred as a result of these factors. In each case, the unique facts will help determine the level of negligence on the part of the property owner, if there is any.
If the Injured Person Contributed to the Accident
An attorney will always evaluate whether there is liability attributed to the plaintiff under the law if the person acted imprudently or disobeyed obvious and established rules on the property.
Philadelphia Slip and Fall Lawyers at Nerenberg Law Associates Assist Those Injured on Another’s Property
If you or someone you know was injured in a slip and fall accident, we can help assess your case for potential legal remedies. The Philadelphia slip and fall lawyers at Nerenberg Law Associates can provide you with appropriate legal advice and determine which facts are most important to your case. Located in Philadelphia, we proudly serve clients from the surrounding areas. Please contact us online or call us today at 215-569-9100 for a free consultation.