It is commonly believed that an owner and/or proprietor of property is always liable when an individual slips on property. This idea, that an owner/proprietor of a property is strictly liable in the event that a visitor falls, has never been the law. In fact, the matter of liability turns on the matter of whether the owner and/or proprietor (or an employee of one of them) can be proven to have been negligent. Property owners/proprietors have a duty under the law to keep their properties in a safe condition, and when, by reason of their neglect someone is harmed, they may be held liable.
Proving Liability in Slip and Fall Cases
Dangerous conditions posed by wet floors, staircases that lack handrails, and sidewalks bordering commercial property that are inadequately cleared of ice or snow are examples of circumstances that can cause serious injuries. When a property owner does not maintain his property to ensure that it is reasonably safe, that person may be held liable for injuries that occur on the premises. Liability exists if the property owner or the property owner’s employee knew or should have known about the dangerous condition and in the exercise of care had sufficient time to eliminate it. In addition, if the property owner or the property owner’s employee caused the dangerous condition this also creates liability for the property owner.
Facts that can help establish the property owner’s liability include:
- The dangerous condition was present long before it caused the accident.
- The property owner does not inspect or maintain the property regularly.
- A reasonable person in the plaintiff’s situation would have taken note of the dangerous condition and eliminated it.
- The property owner did not provide a warning or construct a barrier to prevent entry into a known area of danger.
Proving liability in slip and fall cases can be challenging, thus contacting an attorney soon helps to ensure that evidence is gathered before it disappears. Dempsey and Kingsland has successfully concluded well over a hundred slip and fall cases during the 30 years of our law firm’s existence. We have obtained recovery that includes a $1,000,000 settlement. Dempsey and Kingsland can help you obtain full and appropriate damages by applying our expertise to prove liability. We offer a free initial consultation, and we will not charge you a legal fee unless we recover compensation for you.
If you or a loved one has sustained a serious injury in a slip and fall case, please call us at (816) 484-3776 or contact us online. We offer a free consultation and we do not charge you unless we obtain compensation for you. We get paid when you get paid.