Slip and fall accidents are more than just comical embarrassments; thousands of people are injured annually, some quite severely after a trip or slip on an uneven patch of ground, a wet floor or a poorly lit flight of stairs. In some cases the property owner is considered responsible for the accident while in others he or she is not. Proving liability in slip and fall accidents is not always as straightforward as it appears at first glance.

Were You, the Victim, Careless?
As a victim of a slip and fall accident it is necessary to realistically evaluate the part you played in the accident. After all, it is perfectly normal for liquids and objects to spill, drip or fall on to the ground and for every day wear and tear to create uneven walkways over time. Property owners cannot be expected to constantly hover over their premises, tending to every spill, nor can they be held liable for a fall caused by an object that is reasonably placed, such as a drainage grate, that most ordinary people would competently notice and bypass without a hitch.

Every individual is expected by law to exercise reasonable care for themselves in every situation. In other words, if you weren't keeping an eye on where you were going when you fell, the property owner's liability may be minimized or negated.

Under premises liability law, the rules of what is termed "comparative negligence" are used to help calculate a slip and fall victims reasonableness and care surrounding the accident. Questions to ask yourself when considering to what degree your carelessness contributed to your fall include:

Would the average, careful person have successfully avoided the dangerous area or avoided falling? If yes, then you may be partially at fault.

Did your behavior in any way contribute to the likelihood of a fall? For example, were you distracted, under the influence of drugs or alcohol, jumping or running around when the accident occurred? Again, if this is the case then you may be partially responsible.

Was a reasonable and legitimate for you to be in the dangerous area, so that the premises owner should be expected to anticipate that possibility? If yes, then the property owner can be held partially or fully responsible; if not then the responsibility may lie with you.

Were visible and reasonable warnings posted regarding the dangerous area? Property owners are expected to post warnings to protect passers-by. If the property owner in your case failed to do so then they may be held liable for the slip and fall accident.

Determining Liability
Property owners can be held legally responsible for a slip and fall injuries if one of the following criteria can be proven true: if the property owner caused the hazard that led to the accident, if the property owner knew of but did nothing about the hazard or if the property owner should have known of the hazard because any reasonable person fulfilling their duty of care to their property would have identified and rectify it the situation. Take your case to a slip and fall accident lawyer whether or not you are clear on whose fault the accident was. You’ll stand the best chance of recovering compensation with the aid of legal counsel.