The resolution of a slip-and-fall case is based on several variables, some of which may be particular to each occurrence. A property owner is responsible for any injuries sustained by a victim who was enticed onto the premises due to negligence. The offender is typically responsible if the victim was a trespasser.
(For more on who is at fault in slip and fall)
A slip and fall incident may lead to various traumatic injuries that may leave the victims permanently disabled. Some slips and falls can cause bruises and strains. Some examples are injuries to the spine, neck, or back, traumatic brain injuries, and complicated fractures.
Imagine entering a restaurant and slipping and falling as you reach for the door on the moist floor brought on by a leaking roof.
Who is to blame in this position, then?
Depending on the circumstances, you and the restaurant manager may be to blame.
Who Is Responsible?
Let’s examine it from two distinct perspectives.
The restaurant comes first:
Similar to the prior tale,
If the restaurant knew that the floor was wet and did nothing to address the situation, it would be at fault. The restaurant owner or manager is responsible for ensuring your safety because you have a right to be there as a guest. The owner of the property is responsible for damages if that accountability is broken.
When You May Be At Fault?
The law acknowledges that a victim of a slip-and-fall may need to accept responsibility for his or her actions. For instance, if you had seen that the floor was damp, you could have avoided the path altogether. This might be the case whether there was a notice alerting you that the floor was wet. However, you would be at least partially responsible for your conduct if you chose to cross the wet area and fell.
When both parties are at fault,
There may be factors in some situations that suggest both parties were at fault. Once more, you could be held partially responsible for the incident if you were aware that the floor was wet or should have known that it might be slippery. Even though you may have known or ought to have known that you might slip on a wet floor, the property owner is nonetheless obligated to keep you safe.
Therefore, just the fact that the floor was wet would be sufficient to place some of the guilt for your fall on the owner. The property owner is partially to blame for your fall. The amount of blame attributed to the property owner may be lessened by other aspects, such as whether or not the owner attempted to fix a leak that resulted in the floor becoming wet or the presence of a warning that the floor was wet.
Slipping and falling do not happen on purpose. However, if it does occur and one party is at fault, the property owner must take the necessary steps to make the victim whole.