Determining Who Is Responsible For A Slip And Fall Accident

Most slip and fall incidents happen because someone has been negligent, and has allowed a public area to become dangerously slippery. In other words, the property owner or the occupier should be held responsible as he/she neglected to maintain the property as a responsible homeowner. Whether you slipped on ice or snow that had not been removed, wet floor that was not notified to you, the reasons can be numerous. Still, the circumstances may show that the evidence does not support such a conclusion.

Property owners must maintain their property but:

• Was the property owner careless?
• Did the property owner cause the spill?
• Did he or she know about the spill, but fail to put up any warning sign?
• Had the property owner arranged for regular inspections of the area in which the spill occurred?
• Was there a reason for the object that caused someone to trip and fall?
• Was there a way to remove that dangerous object?
• Would a reasonable person have made an effort to remove that dangerous object?
• How well lighted was the spot where the victim fell?

Those are the sorts of questions that need to be answered, if someone has filed a personal injury claim, following a slip and fall or a trip and fall incident. Those questions focus on the responsibilities of the property owner or the occupier. Personal Injury Lawyer in St. Catharines knows that the legal system does not ignore another set of questions. Those seek to answer these questions: Was the victim careless?

These questions address the issue of whether or not the victim was careless. Did the victim help to cause the fall?

• Had the victim been ordered to go to the spot where he or she fell down? Had the victim been told to avoid that particular spot?
• Had a warning been posted? Was it easy to see and read?
• Was the victim wearing a sturdy pair of shoes?
• Should the victim have been more careful?
• Had the victim been paying attention to where he or she was going?

The last 2 questions can be the most difficult to answer. The best answer should come from an impartial witness. Such a witness can weigh the amount of care taken by the victim against that taken by the property owner, or occupier of the area where someone slipped and fell. That is why it is important to consult with a lawyer who will take care of all aspects of the case. However, it is essential that you work with a lawyer that has years of experience in handling such cases in the past.

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