When Property Owners Shift Liability in Slip and Fall Accidents
November 27, 2019
Slip and fall accidents occur as a result of negligence. When an injury occurs due to poor conditions, people tend to consider the property owner responsible. However, it is not uncommon for property owners to argue for shared liability. This leaves the injured party responsible for identifying and proving liable parties responsible. To reach the best possible legal outcome, victims of slip and fall incidents are encouraged to contact a slip and fall lawyer.
Proving Property Owner Liability
Property owners are required to provide a safe environment for visitors. In order to accomplish this goal, property owners should eliminate safety hazards. Some hazards include loose handrails, dimly lit rooms, and bunched up carpet. If an injury or fatality occurs from poor conditions, property owners may be considered liable. In order to consider a property owner negligent, it must be proven that the owner failed to act reasonably during the events that led to the injury.
According to premises liability laws, there are certain situations that declare a property owner negligent. For example, liability laws determine that property owners are liable for injuries if they reasonably knew of the hazard and failed to fix it. If the property owner is found liable, damages will be awarded to the injured party. Slip and fall victims are typically entitled to compensation for pain and suffering, medical bills, rehabilitation, and lost wages. However, collected damages may vary if the plaintiff is considered partially responsible.
When Property Owners Shift the Blame
In some slip and fall incidents, property owners attempt to shift the blame to the injured party. This may happen for several reasons, including to prevent victims from recovering damages. Oftentimes, property owners argue that the injured party is fully or partially responsible for their injuries. This concept is referred to as comparative negligence.
Laws regarding comparative negligence vary by state. For some states, injured parties are unable to collect any damages if they are considered partially responsible. In other states, courts are responsible for identifying each party’s percentage of liability. Ultimately, the percentage of liability affects the awarded damages. For example, if the court determines that the injured party is 25 percent at fault, they will only be entitled to 75 percent of the total damages.
Philadelphia Slip and Fall Lawyers at Nerenberg & Gagliano Advocate for Victims of Slip and Fall Incidents
If you or someone you know experienced a slip and fall, please consider contacting a Philadelphia slip and fall lawyer at Nerenberg & Gagliano. Our lawyers are determined to help clients reach the best possible legal outcome. If you are interested in speaking to one of our lawyers, contact us online or call us at 215-569-9100 for a free consultation. Located in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey.