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Liability for a Slip-and-Fall Accident

Slip-and-fall accidents can be difficult both physically and mentally. They can also affect you financially as you try to pay for medical bills and miss work and income. If you are trying to prove liability for a slip-and-fall accident, there are some things you should know before filing a claim or possibly going to court. Start here, then reach out to an Indianapolis injury lawyer for your next steps.

How to Determine Liability 

If you want to prove that another person is liable, there are some things you should take into consideration and try to figure out before bringing the case before insurance or a judge. For another person to be liable, at least one of the following must be true:

  • The owner knew about the dangerous surface and didn’t do anything about it. 
  • The owner or employees should have known about the dangerous surface if they had been “reasonable” or doing their job correctly. 
  • The owner of the property or employees caused the dangerous surface by spilling something or not repairing a torn spot (as a few examples). 

The second point is usually the one that is most used when determining liability. However, the terms “should have” and “reasonable” can both be hard to prove in court. The liability can be determined by common sense in many cases, though. 

If there is proof that the owner or the employees at the property where you were hurt were neglecting their job duties or not taking proper precautions to make the property safe, a jury may rule they were liable for your slipping and injuring yourself. 

What Does “Reasonable” Mean? 

In many cases, the term “reasonable” can be confusing because it may mean something different depending on the judge or jury your case is appearing in front of. Usually, most states’ laws will concentrate on whether the owner made regular and thorough efforts to keep the property safe and clean. 

Here are some questions that should be asked of the property owner after your slip-and-fall accident:

  • Does the owner have a regular cleaning and maintenance schedule that they follow?
  • Could a warning sign or barrier be put into place to show the dangerous spot?
  • Was there bad or broken lighting around the spot?
  • Was there a legitimate reason for the object to be on the ground or was it accidentally left there?
  • Had the dangerous spot been on the floor long enough for an employee or the owner to know about it? 
  • Could the object have been removed easily to keep the accident from happening? 

If any of these answers are “yes,” then you probably have a good claim for compensation. Partnering with a lawyer can ensure that they get these questions answered. 

Find Out How an Injury Lawyer Can Help After a Slip-and-Fall

If you have been in a slip-and-fall accident, it’s hard to know what to do. Your first step is simple: You can contact Kooi Law at 317-569-1335 or through the online contact form. We are always ready to help in any way we can. 

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