Determining Fault in a Slip and Fall Accident in Baton Rouge and Metairie LA
There is no exact science when determining fault in slip and fall accidents. Basically, every property owner should be aware, and take care of, any dangers on their premises. Likewise, when using somebody else’s property, you should not take any unreasonable risks that could cause slip and fall accidents.
Liability and Responsibility in Slip and Fall Accidents
A property owner is held liable for proper upkeep and care of their property. Below is a short list of preventative measures that property owners should follow. If the property owner did not adhere to one or more of the items on this list then it is likely you have a valid slip and fall accident claim.
To avoid slip and fall accidents, property owners are responsible for:
- Being aware of spills on floors or tears in carpeting
- Cleaning spills
- Maintaining a consistent cleaning schedule
- Maintaining a repair schedule
- Removing stray items from pathways
- Installing signs or barriers (if possible) for floor hazards
- Installing adequate lighting
- Repairing broken lighting
If the property owner neglected to uphold one or more of these responsibilities, you may have a good case for seeking damages related to your slip and fall injury. This is particularly true if you suffered a severe injury, like a head or spine injury.
Your Actions During Slip and Fall Accidents
Consider the events surrounding your accident. Once you file your claim, an insurance adjuster will ask you to review your behavior prior to and during the accident. If you participated in one or more of these activities, they may think the burden of guilt for slip and fall accidents lies more heavily on you:
- Illegitimate reason for being in the area (i.e. trespassing on private property)
- Unanticipated (by the property owner) occupation of area
- Disregard of warning signs or barriers
- Engaged in distracting activities—running, jumping, roughhousing
The courts will consider what a “reasonable” person would have done in both positions. As previously stated, you and your Louisiana personal injury attorney will have to prove that the owner was blatantly negligent in their control of their property. If you took part in one of the activities listed above, the plaintiff may argue that you caused your own slip and fall accident due to your behavior. This is where the right Louisiana personal injury attorney can help make or break your case.
Contacting a Louisiana Personal Injury Attorney
After a serious accident, while you are dealing with injuries, medical bills, and insurance companies, it’s important to have someone working on your side.
Speaking with an experienced Louisiana personal injury attorney after an accident can help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.
The Louisiana personal injury lawyers at the Law Offices of J. Price McNamara can help you recover damages for medical bills, ongoing medical treatment, and other accident-related expenses. Contact us to schedule your FREE legal consultation today – (866) 248-0580.