Slipping on a wet or otherwise slippery floor, stair, or ground, or tripping over something on a floor or the ground are common accidents. In many cases, the owner or occupant of property cannot always be held responsible for failing to immediately pick up or clean every slippery substance on a floor.
Nor is the property owner always responsible for someone who slips or trips on something that a person should expect to find there or should see and avoid. We all have an obligation to watch where we’re going. So when does a slip and fall case become viable?
Times when Slip and Fall Accidents become a Liability
It is impossible to offer a precise explanation of when the owner of a property becomes legally responsible for something that makes you slip and/or trip. Here are a few pointers where property owners can be held liable:
- The occupier or owner of the property should have caused the spill. There must be spots on the property that are torn or worn, slippery or have a dangerous surface that causes people to slip and fall.
- The owner must be aware of the slippery material or object that was underfoot, and failed to take corrective measures.
- The owner must be aware of the dangerous or slippery substance on the floor, ground or stair, and could have repaired or removed it.
The “Reasonable Steps” to Avoid a Slip and Fall Accident
People who live on, work at, and visit the property might drop or spill things at times. Floors can get torn, cracked, worn or slippery; the ground can crack, become loose, or unusually slippery. Any responsible property owner or occupier should make regular efforts to ensure the premises are safe to walk on, frequently clean the facility depending on footfall, and undertake necessary repairs with safety in mind.
At the same time, the law doesn’t expect the owner of the premises to stand by all the time to clean up and repair immediately anything spilled, dropped, or broken.
The law focuses on the “reasonableness” of repair and cleanup efforts. If owners make regular and systematic efforts to maintain their property and keep it clean and safe, they are unlikely to be held responsible when compared with owners who often neglect their premises. However, accident claims are usually made whenever matters like cleaning or repair is not exactly clear. Under the circumstances, you can argue that the property owner was not diligent in their duty. The fact that you slipped or tripped indicates that the occupier or owner should have been more reasonable.
What to do Next
If you feel that there is a practical legal claim for all the injuries you have sustained in your slip and fall accident, you need to do some things right away to know more about your case and also to protect your own legal rights.
Now is the time to consult a highly experienced personal injury lawyer and discuss your particular situation so that you are suitably compensated for all the losses and injuries you might have suffered. Personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff (RMFW) are always happy to help. To schedule an appointment, call 212 697 9280 and speak to one of our attorneys who will evaluate your case for free.
RMFW are one of the top law firms in the city because they care. They do not stop working until you are satisfied or there is absolutely nothing else that can be done. They have won millions of dollars for past clients and you can be on this winning list.