Can A Property Owner Be Held Liable For A Slip And Fall Incident?

Injury Lawyer Slip & Fall

In order to answer that question, it is necessary to seek the answer to one other question: What is the basis for liability in that particular situation? The court will not hold someone liable for an accident, unless it can identify a reason for that charge.

Judging the basis for liability

Can a homeowner be held liable for such a slip and fall incident simply because homeowners are expected to shovel the sidewalk in front of their home? The courts have had to answer that question in the past. Their answer was “no.”

Still, that does not mean that a court would refuse to examine any extenuating circumstances. For example, maybe the sidewalk where someone slipped and fell had been under the indirect and unsupported control of the person that lived in the house that was located behind that same public path. A homeowner that has tried to control a sidewalk can be held responsible for a slip and fall incident on that same walkway.

Had the homeowner somehow allowed a hazard to form on the sidewalk’s surface? Perhaps the homeowner’s negligence had aided formation of that icy condition. It could be that the owner had carried out actions that allowed water to pour onto a public pathway. That, too, could be pointed to as a reason for claiming the homeowner’s liability.

What the victim must prove

The Personal Injury Lawyer in St. Catharines representing the victim must prove that his or her injuries had been caused by an accident, one that took place on someone else’s property. The identity of the property owner must be disclosed.

It must be shown that the property owner was at-fault. The owner might have aided formation of a hazard, as explained above. Alternately, the owner might have failed to set up a warning, when repairs or construction work had proceeded at a location close to the sidewalk. That assumes that the repairs or the construction work were paid for by the liable homeowner.

The victim must show that he or she has suffered a loss. That would involve presentation of specific documents. First, all relevant medical records must be made available to those that will decide if any compensation should go to the person that got injured in the slip and fall incident. Then the victim’s loss of income must be addressed.

The act of proving the loss of income would entail showing what the victim’s salary had been before the accident. Then the victim would have to show the number of days that he or she was disabled and could not work. Finally, the victim’s presented documents would need to include one that showed how the injured employee’s salary had changed; following the time spent recovering from an injury.

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