From icy sidewalks to unsafe stairs, a slip and fall accident can happen anywhere. If you’ve been injured in such a mishap, you might have grounds for a legal case against the property owner. A crucial element to any situation is proving who was at fault for the incident, and this can be tricky to establish. Below, the slip and fall lawyers at Bellotti Law Group, PC, in Boston, MA, share three important facts to know about these cases.
Proving Fault in a Slip & Fall Accident
1. Property Owners Are Obligated to Provide Safe Conditions
Responsibility is not always a topic that's taught in school or imparted along with the deed to a new house. Nonetheless, property owners have an implicit duty to provide reasonably safe conditions for others. This includes keeping walkways and driveways clear, ensuring floors and stairs are in good repair, and making certain railings are sturdy and secure. If a proprietor breaches this obligation, they could be held liable for a slip and fall accident that occurs on their property.
2. 1 of 3 Conditions Must Be Met to Have a Valid Case
In most cases, you and your slip and fall lawyer will be tasked with providing sufficient evidence that the property owner did not maintain a reasonably safe space. That evidence must demonstrate one of the following conditions:
- The owner or their agent (an employee) should have understood and remedied the danger posed, as any reasonable person would have understood and remedied it.
- The owner or their agent knew about the unsafe element(s) and did nothing to repair the situation.
- The owner or their agent caused the unsafe condition that precipitated the accident.
3. "Reasonable" Is Sometimes in the Eye of the Beholder
"Reasonable" is the benchmark that a judge or jury will use to determine if a property owner is truly at fault for a slip and fall. As you pursue your legal case, be aware that while there are some generally accepted rules about what constitutes its meaning, much of the word's definition falls into a legal gray area. Whether or not the property owner in your case is found to have breached a reasonable level of safety may come down to how the judge or jury in your case chooses to define the term.
If you’ve been hurt due to another’s negligence, the slip and fall lawyers at Bellotti Law Group, PC, will be your legal advocates at every step of your claim. For over 25 years, they have been successfully representing Boston-area clients in personal injury, wrongful death, and criminal law matters. Call (617) 778-1000 or visit their website to schedule a free consultation today. You can also follow them on Facebook and Twitter for news and updates.