Many people experience a slip and fall. Sometimes it happens at work. Sometimes it happens at the store. Slip and fall accidents just happen. Common causes of slip and fall accidents include slippery floors, obstructions in walkways, loose carpets, etc. No matter what caused your slip and fall, if the injury is due to a slip and fall in the workplace or in another public place, the employer or the owner of the business could be liable for the damage. If you are filing a slip and fall claim against an employer or business, you probably want to know how a slip and fall settlement is determined.
Factors Considered When Determining a Slip and Fall Settlement:
Categories of Injury – medical bills, attorney fees, pain and suffering
The main factors that will determine the settlement associated with a slip and fall claim will hinge on the answers to three questions.
- Who is the liable party?
- Was the liable party negligent? How did they contribute to the accident?
- Did the injured party cause or contribute to the accident?
Negligence is the failure to act as a reasonable person would act. When attempting to determine negligence, you need to show that the liable party was aware of the dangerous situation on their property and did not respond to the situation as a reasonable person would respond in order to protect customers/visitors. For instance, if there is a dangerous pothole on a commercial property, it would need to be determined if a reasonable individual would have been able to identify the condition as dangerous, and if they had (and ignored) opportunities to improve the safety related to the dangerous condition before the injury occurred. Alternatively, you can show that the liable property owner specifically caused the dangerous situation and that it was reasonable and understandable that someone would become injured due to the situation.
Certain factors contribute to the determination of negligence in a slip and fall case: poor lighting, limited visibility, lack of company policy enforcement, lack of reasonable justification, etc. The plaintiff has the burden of proof and must show that the liable party had the opportunity to take actions to prevent the injury but did not do so. If there was a valid reason for the obstruction that caused the injury to be present on the site, the plaintiff must show that the justification for the obstruction was no longer valid at the time of the incident and that no preventive measures were taken to prevent the problem.
If you’ve experienced a slip and fall accident and you aren’t sure where to start, please get in touch with one of the experienced personal injury attorneys at Aronow Law PC so we can help you prove liability and seek appropriate compensation.