Who Is At Fault For A Slip And Fall Incident?

If you own a piece of property, be sure that you take every precaution, in order to prevent a slip and fall incident. Do not assume that such accidents can only happen in places where there could be ice on the ground or some type of liquid on the floor. The law places under the heading “slip and fall incident” any injury-causing accident that takes place in an unsafe and poorly-maintained environment.

Possible direct causes for such incidents

• Slippery surface
• Uneven steps
• Potholes
• Spilled liquids or food
• A raised surface on a sidewalk.

Possible indirect causes for such incidents

• Missing handrails on stairs or a weak railing on a balcony
• Poor lighting or blinding lights
• Stairs not built to code
• Boxes not stored properly; stacked in a haphazard manner
• Structures that shelter a pet do not work to control the same animal
• A dog’s bark has not been muffled, and it manages to frighten one of the passersby.

The person that falls down suffers two big losses:

1) Money lost due to the need to cover medical expenses; and
2) Money lost due to time off from work.

The victim cannot recover from those losses unless the court identifies the person that should be declared at fault. The insurance company of the person deemed at fault must cover the losses suffered by the fallen victim. Working with an injury lawyer in Orillia can help you get the right legal representation and advice.

Questions that will be asked during the quest for the person that should be declared at fault.

Who failed to exercise the duty to warn members of the public? If some type of warning had been posted, the correct question would be this one: Who failed to put in place the proper type of warning sign?

Such a failure qualifies as an act of negligence. Someone that has demonstrated negligence has been a bit careless. An absence of the proper care can be pointed to as evidence that the careless individual helped to cause an accident. Here is another question that has to be answered: What caused this dangerous or unhealthy situation? Failing to introduce the necessary precautions can be viewed as an act of negligence. According to the law, if someone else’s negligence results in harm to an individual, then that negligent man or woman can be declared at fault for any resulting accident or injury. Maybe the person that was put in charge of ordering equipment and supplies chose to buy the cheapest available product. It might have lacked the necessary quality. Hence, it might have introduced an element of danger into a previously safe spot. Alternately, a cleaner for the floor might have caused that same surface to become far more slippery than expected.