Slip and Fall: Determining Who is Liable for Your Accident
Determining liability in a slip and fall accident can be challenging. You may incorrectly assume that a home or business owner is automatically liable when you injure yourself on his or her property. This isn't always the case. In order for the property owner to be legally liable for your injuries, one of the following three conditions must be met:
- The home or business owner must have directly caused your injuries by not attending to a spill, torn rug, or other common scenario in slip and fall cases
- If the owner had knowledge of the unsafe condition and did nothing to prevent an accident, he or she is still liable. It is not necessary for the owner to have directly caused the trip and fall risk in this situation
- Under the reasonable person clause, the owner of the property should have known about the danger because any person of average intelligence would have assumed the situation had to be fixed.
While the last situation is the most common, it is also the most difficult to prove in a personal injury lawsuit.
The owner of a home or business may have no liability if you were careless and did not prevent an avoidable injury. For example, if you were listening to music on a headset and not watching where you were walking, you may have missed a sign warning you about uneven pavement on the sidewalk. In this example, you would most likely be held responsible for your own injuries.
Michael L. Barkett is an experienced personal injury lawyer in Tulsa, Oklahoma, who can help you determine if you have a legitimate case. You are encouraged to contact his office to schedule a free personal consultation. If he determines your case is worth pursuing, he will immediately begin gathering the necessary evidence to file a personal injury lawsuit on your behalf.