- The property owner was responsible for the factor that caused the slip and fall;
- The property owner was aware of the hazard, and they failed to take reasonable care to fix or correct the issue; or
- The property owner should have noticed or been aware of the hazard and should have fixed it because the cause of the slip and fall had been present for a reasonable length of time.
What if my actions contributed to the slip and fall injury?In slip and fall cases, it is common for the property owner to try to use a legal defense to avoid liability by blaming the victim for the accident and the resulting injuries. The defense counsel will try to prove the victim contributed to the accident. The victim's state of residence determines the comparative fault and negligence system that will apply. For example, in Texas, plaintiffs can recover damages as long as they are not found to be more than 50 percent liable for an accident that led to their injuries according to the state's modified comparative fault system. Therefore, if a jury awards damages of $100,000, but the plaintiff is found to be 50 percent at fault for the accident, the amount would be reduced to $50,000.
Common Locations Where Slip and Fall Accidents HappenAccidents involving a slip and fall can happen just about anywhere. They can occur in residential and commercial settings, indoors and outdoors. A residential property owner or landlord can be held liable for injuries due to a slip and fall accident. Slip, and falls can cause serious injuries in a location such as:
- Bars and restaurants
- Amusement parks
- Apartment complexes or buildings
- Walkways and sidewalks
- Grocery stores
- Parking garages
- Parking lots
- Retail stores
- Arenas and sports stadiums
- Shopping malls