Many people who experience a slip-and-fall in a public setting feel profoundly embarrassed. They blame themselves for failing to notice the power cord that tripped them or the spilled coffee that they slipped on before falling.
Of course, fault also lies with the business for failing to address those issues that could lead to visitors getting hurt. Those dealing with injuries and property damage losses after a slip-and-fall may be able to pursue a premises liability claim. They could request compensation from insurance in some cases or have grounds to take legal action against the business where they slipped. These cases often involved a degree of negligence.
When the business is negligent
Typically, a premises liability claim requires proof of negligence. A business or individual either needs to do something unsafe or to fail to do what reasonable people agree is necessary for safety. Those who fall and sustain injuries can strengthen their chances of obtaining compensation by taking a moment to document what caused the slip-and-fall.
Unsafe property conditions can validate claims of negligence and leave a business vulnerable to litigation. The company’s premises liability insurance can help offset the losses sustained by an injured visitor when there are clear signs of negligence on the part of the company.
When the visitor was negligent
Sometimes, there are secondary factors that can make the injured party partially responsible for their own injuries. Maybe they wore inappropriate footwear given the weather or their activities. Perhaps they engaged in horseplay or were intoxicated at the time of the incident.
Partial fault does not prohibit an individual from taking legal action. State courts recognize the legal concept of comparative negligence. If the business defending against a premises liability claim can show that the plaintiff was partially at fault, the courts determine what percentage of fault falls to the plaintiff.
If the lawsuit results in an award of damages, the courts reduce the actual compensation awarded to the plaintiff based on their degree of fault. The plaintiff may still be eligible for compensation despite their contributions to the situation.
Even in unusual and complicated situations, those hurt in a slip-and-fall at a business may have grounds for a premises liability claim. Reviewing what caused a slip-and-fall and its consequences with a skilled legal team can help people determine the best response after an incident.