If someone gets hurt in a slip and fall incident, one that took place on another person’s property, who should be held liable for that injury? Who has been found neglectful?
The plaintiff must prove the veracity of at least one of these 2 facts
The property owner should have recognized the dangerous nature of the condition that caused the slip and fall incident. The property owner had helped to create the dangerous condition, one that could trigger a foreseeable accident.
Did the defendant act in a reasonable manner?
Had the hazardous condition been there for an extended period of time? Had the property owner been given sufficient time for finding a way to fix the dangerous condition? Governmental bodies normally ask to receive a warning, if someone plans to sue them. That allows them time to fix a problem, such as a raised section of a sidewalk, where someone could trip and fall.
Injury lawyer in London will ask if the property owner routinely check for the presence of hazards? Some owners pay some other person to carry out that duty. In that case, the person doing the checking should be recording his or her observations in some type of notebook.
Could the property owner give a reasonable justification for the hazard’s existence? For example, if a tenant had told a landlord about a loose railing on an apartment’s balcony, and then someone fell off the same balcony, the landlord, not the tenant would be held liable for the resulting injuries.
Could the unsafe condition have been made less hazardous? If a tenant or homeowner lacks the ability to alter some aspect of an indoor area, or the home’s yard, then guests ought to be warned about the potential danger. Hosts should follow that practice, even when a dozen of more invited guests have approached the hazardous location.
Sometimes children create a hazard with their toys. In that case, a smart parent must find a way to tactfully call the child’s attention to the object that could put others in danger. Adults can foresee the chances for an accident much better than children.
Had poor lighting contributed to creation of the dangerous location? A nursing home needs to have good lighting, in order to reduce the chances for a slip and fall incident during the night, when some resident might be getting out of bed.
The residents themselves ought to limit the number of obstacles that get placed in a well-lighted path. That fact highlights the limits on the responsibilities handed to a building’s owner, or even someone who has been granted control of a given building. Either of them might have a sound defense, if sued by someone that fell, while inside the building.