Who Is Responsible for a Slip-and-Fall?

Whether residential or commercial, every property owner has a duty to provide a safe and hazard-free environment for guests and other occupants.

A slip-and-fall accident caused by someone else’s recklessness can be life-altering for you and your loved ones. High medical bills, ongoing treatments, inability to earn a living, time spent out of work, and potential disabilities can take a toll on your mental and financial well-being.

The good news is, you don’t have to suffer the losses of an accident that you didn’t cause. Under premises liability law, you can hold the negligent party accountable for all the damages caused by the accident by seeking compensation. A personal injury lawyer can help. But how do you tell who’s responsible for a slip-and-fall?

Who Is Liable for Your Slip-and-Fall Injuries?

The person who’s liable for your slip-and-fall depends on several things, including where the accident happened. Normally, the property owner is usually liable for such injuries occurring at their premises, but there might also be other responsible parties, sometimes even multiple.

Other potentially liable parties could include:

• Commercial tenants, such as a store, coffee shop, or mall
• Property manager
• A homeowner when you are injured at their residence
• Service providers, such as wiring electricians or cleaners
• An employer, in the case of a workplace slip-and-fall
• Government agency

Depending on the circumstances surrounding your accident, one or more of the above parties might be responsible for your injuries. A slip-and-fall attorney is your best bet to pinpointing the liable party and fighting for your compensation from their insurance provider.

Can I Be Held Liable for a Slip-and-Fall?

It’s not uncommon for a negligent party to argue that your actions partially contributed to the slip-and-fall. Since California is a comparative negligence state, this could slash down your compensation amount significantly.

Proving otherwise can be difficult, especially without a lawyer, because insurance companies are usually adamant about paying the smallest settlement possible.

How to Prove Fault for a Slip-and-Fall

After identifying the responsible party, you’ll need to prove fault. In other words, you have to show that the person was negligent in one way or another, which caused the accident and resulting damages.

To prove fault, you need to show any of the following:

• The liable party knew about the hazard but did not take any action to remedy it.
• The responsible party created the dangerous condition that led to a slip-and-fall.
• The at-fault party should’ve known about the safety hazard and corrected it, just as a reasonable party would.

Contact a Slip-and-Fall Attorney

When you are involved in a slip-and-fall accident on another person’s property, you have a right to seek compensation from the negligent party. But first, you have to identify the person who’s responsible for your slip-and-fall injuries and prove fault. This is not always straightforward.

With the help of a slip-and-fall attorney from The Kindley Firm, APC, you don’t have to do this alone. We can investigate the accident, talk to eyewitnesses on your behalf, and use our experience to determine the liable party.

Give us a call today at 619-550-1313 or fill out our contact form below to get started with a free case review.