Who Is At Fault After A Slip And Fall Accident?

A slip and fall accident can happen when you least expect it. Whether you were walking to your car, down an aisle at the grocery store or even into work, you may try to immediately “walk off” the fall or resume what you were doing.

However, a bad fall may lead you to pursue damages for what you have suffered. If the accident occurred on the private or commercial property of another, you may be able to file a personal injury claim against the property owner.

Causes of Slip and Fall Accidents

Common causes of slip and falls include:

  • A cracked or poorly maintained sidewalk
  • A parking lot riddled with broken pavement or potholes
  • Poor or inadequate lighting
  • Wet floors without adequate or visible warnings
  • Broken stairways or railings
  • Unreasonable accumulation of snow or ice

While a slip and fall accident might be funny to some at first, they can cause serious, long-lasting injuries. More severe falls can cause broken bones and injuries to the head, spinal cord injuries, neck or back. For older adults, one in five falls can result in a serious injury like a broken bone or head injury, maybe even a traumatic brain injury.

When is the Property Owner Liable?

When a slip and fall accident occurs on someone else’s property, it can be challenging to prove who was at fault. Generally, property owners are not held liable for conditions that any reasonable visitor should have either anticipated or avoided. An example of this could be someone walking on a slippery, wet surface regardless of visible warning signs.

In such cases where the victim was behaving in a safe, responsible manner leading up to the fall, they will likely need to prove that one of the following items occurred to hold the property owner accountable:

  1. The property owner should have reasonably known about the condition that led to the accident.
  2. The property owner was aware of the condition but was negligent in correcting it.
  3. The property owner caused the condition on the property.

Navigating a personal injury claim can be complicated, especially after suffering serious injuries. The most important thing you can do following an accident is to seek medical attention for your injuries. An attorney can then assist in investigating the accident and starting a personal injury claim to pursue damages for your injuries.

More Premises Liability Resources

If you’d like to learn more about the types of premises liability cases the McArthur Law Firm handles, read our articles about Georgia premises liability law below.

Leave a comment