It’s extremely possible for one to have a slip and fall accident injury in a residential building, hotel or departmental store… And, every time it happens, property owners are usually responsible for the injuries sustained.
Slip and fall accident injuries are so common nowadays. Thousands of people get injured each year when they trip and fall on dangerous flight stairs and floors, or when they’re simply trying to take a walk. In most case, however, property owners are usually to blame for such occurrences and are therefore expected to pay for the injuries sustained. That said, how can you determine the liability in a slip and fall accident injury case?
Determining the Party at Fault
In case you trip and fall on someone else’s property, your claim will be covered by the premises liability law. But in order to hold the property owner legally responsible for the injury you have sustained, your number one priority should be to link the property owner with any one of the following:
. – The property owner was completely aware of the dangerous condition of his (or her) property, but negligently chose to ignore it.
. – The dangerous condition that caused your accident was somehow triggered by an irresponsible act of the property owner.
. – The property owner should have been reasonable enough to see the dangerous condition of his property, and should have taken all the necessary steps to prevent it from happening.
But often times, such liabilities are usually decided on the basis of common sense. That’s to say juries and judges will be determining whether the occupier or the owner of the property was careful enough to ensure the property was completely kept safe from slip and fall accident injuries. Also, while determining the party at fault, the judges will be putting more emphasis on whether the property owner has been putting in regular efforts to keep the property clean and safe, or if it’s up to the required safety code.
Other factors that may come into play while determining your liability claim may include:
. – How long has the dangerous condition actually existed? Did the owner have time to notice the impending danger his property posed to people who frequent it?
. – Has the owner done anything to fix the situation? If so, were his actions reasonable and appropriate?
. – Is the victim partly to blame for the accident? Was he drunk? Did his actions contribute to what happened?
Some states have the “comparative negligence” law, which—when translated—means the injured person may be held liable to varying degrees of responsibilities in case of a slip and fall accident injury. In other words, if the victim ignored the warning signs or was somehow careless during the accident, he or she may also be held liable for the accident. As such, comparative negligence statutes will be determining who’s eligible for compensation, as well as how much the plaintiff is supposed to receive.
How Much Should a Petitioner be Paid in case of a Slip and Fall Accident Injury?
Generally speaking, the compensation amount the liable party receives after a slip and fall accident injury is often times based on the degree of damage. That includes your lost income, your medical bills, as well as your compensation for pain.
For both the medical bills and the lost income, determining the value of your actual loss may be pretty simple, since all you have to do is to collect your medical bills or get the total time the accident actually kept you from work.
But when it comes to calculating the amount to receive for the suffered pain and suffering, the compensation amount can only be figured out by an educated guess. There are no laws that state the amount of compensation one should receive for going through pain and suffering as a result of slip and fall accident injury.
Well, there are formulas that may give you a head start, but all they do is provide estimates and negotiations only. In fact, in rare occasions though, you may be forced to settle the case out of court or negotiate some reasonable amount for the pain. But if you choose to sue the property owner and eventually head for a trial, the jury may assign a settlement value for your pain and suffering–assuming you win.
Slip and fall accident injury cases are usually different, but the general rule always holds: the greater the injury and its effect on the victim’s life, the greater the compensation amount for the pain suffered.