Slip and Fall
Anyone can trip or have a slip and fall accident in the most unlikely of places. This may be because of poor external conditions, poor premises design or maintenance or a variety of other reasons.
Slip, trips and fall incidents regularly occur on private properties like parking lots, driveways, and within stores, all of which fall under the purview of the Occupier’s Liability Act.The owners or “occupiers” of these properties are obligated to take reasonable steps to make their premises reasonably safe.That is to say, the standard of care on the property occupier is one of reasonableness, not perfection.
The concept of “contributory negligence” is also often applied in slip and fall cases.In those cases, the property owner will often argue that the injured person was in some way at fault for the injuries sustained.Usually, the property owner will argue that the injured person was careless or was not paying attention.For example, in slip and fall incidents on an icy walkway, the defense will often argue that the injured party was wearing inappropriate footwear or was not being careful in traversing across the snow or ice.
If you have been injured as a result of a trip, slip or fall, it is essential to prove the condition of the premises at the time of the accident.Therefore, it is very important that photographs and measurements be taken at the place of the accident as soon as possible after the accident has occurred.Otherwise, if the conditions later change, it can be very difficult to prove that the premises were in a state of unreasonable repair at the time of the accident.