Slip and fall injuries are often the result of another’s negligence. Wet floors in stores should be marked with caution signs, but many people are injured because there was no warning sign. However, some slip and fall accidents are caused by something that is just part of daily living. If a person trips over something that an average person would see and avoid, it is not someone else’s fault. Many accidents fall into a gray area. Was the drainage grate a hazard that most people would notice or was it easy to overlook and trip over? A picture taken at the time of the fall or at the same time of day could prove to be very important.
In order for someone to be held legally responsible, at least one of the criteria below must be true.
* The cause of the spill (torn carpeting, slippery surface or item left where it would be likely to be tripped over) must be the fault of the owner of the premises or an employee.
* The owner or employee knew about the dangerous condition and did nothing about it.
* A ‘reasonable person’ would have discovered the dangerous surface and either removed the dangerous item or repaired it; the owner or employee ‘should have known’ about the danger and corrected it, but did not.
Many cases are decided based upon whether or not the owner ‘should have known.’ Would a reasonable person have maintained the property as was done in this case or was the owner negligent? The court applies a common sense standard to determine what is ‘reasonable’. How long had that piece of torn carpet been on the stairs? Can the owner prove that they follow a regular maintenance schedule? Pictures and documentation are crucial.
The Law Office of Daniel J. Earnshaw, LLC focuses their practice on fighting to get accident victims the settlements they are entitled to. The lawyers also handle cases involving wrongful death, workers’ compensation, criminal law and DUI/DWI. For many years, residents of Baltimore, Bel Air and Cecil and Harford Counties have been relying on the skill and experience of these skilled, experienced attorneys. The injury lawyers in Harford County and other regions offer free initial consultations. An attorney will be pleased to visit someone who is in the hospital or unable to leave home.
