It can be difficult to determine who can be held liable after a slip and fall accident. This is why it is important to obtain an attorney who has a great deal of experience with these complex cases. Your attorney will determine if there was negligence that could lead to liability, which parties may be liable, and what damages to seek.
If your loved one was tragically killed in a slip and fall accident and you are the representative of their estate, you can file a wrongful death lawsuit. Read on to learn more about who can be held liable in a slip and file accident, why they might be held liable, and what sort of damages they may have to pay if they are found liable.
Negligence That Could Lead to Liability
For a party to be held liable in a slip and fall accident, you and your attorney must prove that they were negligent in how they maintained the property. This means that they were aware there was a potential hazard and they failed to correct it. There are many different situations that could be hazardous.
For example, if there is snow or ice on parking lots or walkways, the business owner or manager must have it cleaned up. If they don’t have the snow or ice cleaned up, this could lead to them being liable in a slip and fall accident. If the business owner or manager hires a contractor to clean up the snow and ice and they do not do so properly, the business and owner or manager and the contractor may be jointly liable. Other examples of negligence that could lead to liability in a slip and fall accident include:
- slippery floors
- cluttered walkways
- damaged or uneven flooring
- poorly maintained steps
- unanchored rugs or mats
- poor lighting
- broken or missing staircase handrails
This is simply a short list of some common situations. You should consult an attorney to see if the circumstances of your accident may be due to negligence from whomever was responsible for the property.
Parties That Could Be Liable
There are several different parties that could be held liable in the event of a slip and fall. Most commonly, the owner or the manager may be held liable. This can be an individual or an organization like a business. Sometimes, an employee may be held personally responsible if they were instructed to correct the hazardous situation and did not do so.
The same holds true for a contractor that was hired to fix a hazardous situation if the contractor does not do so properly. Your attorney will help you determine which parties to accuse of negligence. If necessary, a court will determine once and for all which parties were liable, if any.
Damages Liable Parties May Have to Pay
There are several different types of damages that liable parties may have to pay. Of course, parties that are found liable may have to pay medical bills relating to injuries suffered in the accident. This may include both current and future medical bills. Often, liable parties will have to pay for missed work if the plaintiff couldn’t work because of injuries from an accident.
You may be able to get compensation for both past and future limitations to the amount of work you can do. You also may be eligible for non-economic damages. This refers to physical and emotional pain and suffering you may have had to deal with as a result of the slip and fall incident. These damages can be hard to quantify, though attorneys who are experienced in the field know how to do so.
What to Do After a Slip and Fall Accident
There are several things that you can do after a slip in fall accident that increase your chances of holding another entity liable for the incident. Firstly, you should report the accident to the property owner or manager. You should make this report in writing and get a copy of the report. It would also be helpful if you took pictures of the site of the accident, as these pictures may be used as evidence in the future.
If there were any witnesses, getting a recorded statement from these witnesses may be helpful. Even if your injuries do not seem severe, you should see a doctor. Your injuries may be more severe than you realize, and a doctor’s report could be valuable evidence. Of course, you should also get an experienced attorney.