Who is Liable in a Slip and Fall Accident?

Although a slip-and-fall accident may seem like a random misfortune, the law doesn’t see it that way. Since many of these injuries are preventable, negligent parties are frequently held liable. But liability isn’t always obvious, and it could involve multiple parties. Determining responsibility often requires extensive examination of records, evidence, video footage, maintenance records, lease agreements, and witness statements.

If you’re wondering what to do after a slip and fall injury, the best course of action is to contact an attorney right away and take their advice. There’s a good chance they’ll recommend pursuing a personal injury lawsuit against the responsible party. And if you aren’t sure who is to blame, here’s a breakdown of how injury liability works.

1. Property owners

Property owners carry a legal duty to maintain safe conditions for visitors – both invited and uninvited. When unaddressed hazards lead to an accident, the property owner is usually legally responsible. Owners are required to keep walkways, entrances, and common areas reasonably safe for guests, whether it’s a private property owner or the owner of a commercial building. Ignoring hazards like cracked sidewalks, broken steps, and known leaks often make an owner directly liable for accidents.

2. Tenants

Sometimes the legal responsibility for safety is passed to the tenant of a building, whether it’s residential or commercial. Depending on the hazard and whether or not it was created by the tenant, they can be held at least partially liable for accidents.

In leased business spaces, the party running the business usually shares liability with the landlord. When a store tenant manages daily maintenance, they’re liable for things like spills and clutter. However, if something about the property creates a hazard that is outside the manager’s control, that would fall on the landlord. Still, some leases specifically split liability so that landlords are responsible for structural issues and tenants manage interior safety.

3. Third parties

Anytime a third-party company is hired for tasks like construction, janitorial work, snow removal, or maintenance, they can become liable if their work directly contributes to unsafe conditions. For example, leaving floors wet without signage, failing to salt icy sidewalks or mop up spills, and disregarding maintenance tasks specified in contacts can place liability on the third-party.

This also applies to delivery drivers and event organizers using spaces who create their own hazards. Courts won’t always hold just one party responsible. Often, liability is divided among multiple parties when more than one person contributed to the accident.

4. Government entities

Public sidewalks, roads, school grounds, public parks, and municipal buildings are all under government care. Cities and counties are required by law to keep these areas safe. But suing the government for injuries can be complex. For example, in many states, victims are required to file a special notice before suing a public entity, and the ability to recover damages is limited. Even so, many victims win lawsuits against cities, like this former marathon runner who won $13 million after a serious slip-and-fall injury on a Seattle sidewalk.

5. Comparative negligence changes things

When an injured party’s own actions contributed to their accident, they can be held partially liable. For example, one woman was texting while walking and fell into a sidewalk cellar. It’s not known if she filed a lawsuit, but if she did, there’s a good chance she was held at least partially responsible for not paying attention to where she was walking.

When an injured victim is held partially responsible for their own accident, the court reduces their compensation accordingly. For instance, if someone is found to be 30% at fault, then their compensation gets reduced by 30%.

Responsibility is largely tied to control

Liability in slip-and-fall accidents is usually tied to the person who had the power to prevent the hazard and failed to act. Whether it’s a property owner, business owner, contractor, or government agency, multiple parties can be held liable for negligence. But victims need to act fast if they’re going to file a lawsuit.

If you’ve been injured in a slip-and-fall accident, contact an attorney right away to discuss your case. Trying to navigate a lawsuit on your own is never a good idea. Insurance companies take advantage of injured parties without legal representation. They’ll offer you a low settlement hoping you’ll take the money and run, but it won’t be anywhere near what your case is worth.

Hiring a personal injury attorney is the only way to get the compensation you deserve.