Personal Injury Newsletter

Responsibility for Injuries Resulting From Slips and Falls

There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the slip and fall took place. In order for a property or business owner, or one of their employees, to be held liable for a slip and fall injury, the following are evaluated on a case-by-case basis.

The property owner, business owner or their employee(s):

Must have caused a rough spot, a slippery situation, or a bulge or tear in the flooring of the premises
Must have known that there was a dangerous area on their premises, but did nothing to alleviate the problem
Should have known that there was a dangerous area on the premises because a person in their situation would have taken precautions to remedy the danger

Determining Reasonable Care of a Property or Business

Property and business owners have a duty to protect visitors, patrons or customers on their property from harm. However, their legal duty to protect their visitors, patrons or customers is based upon a reasonableness standard. A reasonableness standard is one in which an ordinary person in the shoes of the business or property owner would have done or not done something in order to make their business or property safe. Here are some questions to determine if the business or property owner used reasonable care to ensure the safety of others:

Had the dangerous spot on the premises been there long enough that the owner had ample time to correct the problem?
Does the owner have a documented procedure, regularly used, to prevent and remedy dangerous situations on the property?
Did poor lighting or broken or burnt-out lights contribute to the problem area?

Intra-family Lawsuits and Immunities
Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that historically... Read more.
Suing an Employer Instead of Filing a Workers’ Compensation Claim
Workplace injuries are usually followed by a Workers’ Compensation claim filed on behalf of the injured employee. However, in certain situations a lawsuit against the employer may be more appropriate and more rewarding for the injured... Read more.
Elder Abuse Law – An Overview
In general, the broad term “elder abuse” is used to encompass several forms of misconduct directed toward individuals aged 60 or older. Elder abuse is considered to be a serious problem in the United States by the Administration on... Read more.
Class Action Litigation
A “class action” is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case... Read more.

Law Commentary Legal News