(press release: randspear) // Philadelphia // Rand Spear The Accident Lawyer
Philadelphia slip and fall attorney discusses premise liability and negligence when a slip and fall happens in a store or business. When a person has a slip and fall accident inside or outside a business or store, there may be a premise liability claim. The owner or the renter of the premise may be partially or completely at fault for the accident. However, the individual who was injured will have to prove that there was negligence involved and the he or she acted reasonably.
Who is Responsible for a Slip and Fall Accident – the Premise Owner or Renter?
It’s very common that the owner of a business is not the owner of the building where the business operates. Business owners often rent space for their company, so when a slip and fall accident occurs, it’s not always evident who is liable; sometimes it’s the business owner, sometimes it’s the building owner, and sometimes it’s both who are responsible.
If a person has a slip and fall accident because there is a defective floor, leaking pipe, or another structural issue, then the owner of the property is typically liable. But if a person has a slip and fall accident due to the actions (or inactions) of the business owner, or an employee of the business owner, then the business owner is usually liable.
When a slip and fall accident happens due to a structural issue and both the business owner and the property owner were both aware of the problem, but did nothing to fix it, then they can both be held liable for the accident.
What Must be Proven in a Slip and Fall Accident Case?
In order to prove a personal injury claim for a slip and fall accident, you have to show two things. First, you have to prove that the building owner and/or the business owner was negligent. A person can be negligent due to actions or inactions. Secondly, you have to prove that the negligence was what caused the slip and fall accident.
That means that not all slip and fall accidents involve negligence. The owners (property and business) cannot always foresee, warn, or prevent all hazards. Neither can you always anticipate or notice all hazards. However, the owners do have to reasonably anticipate hazards and take action to prevent injuries. If they don’t, then they can be found liable.
Contact a Philadelphia Slip and Fall Attorney for Help
If you or a loved one has been injured in a slip and fall accident at a store or business, it’s important that you contact a slip and fall attorney to help you determine if you have a case.
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved.