Determining Liability in a Slip and Fall Accident
Were you careless, or was your slip and fall accident caused by the negligence of another party? This may not always be clear. In order for a property owner to be at fault in a slip and fall accident in San Jose, one of these statements must be true:
- The owner of the property, or a staff member working on the property, was directly responsible for whatever caused the area to be unsafe (a spill that was not cleaned up, an uneven surface that was not fixed, etc.).
- The owner of the property, or another member of their staff, knew about a potentially dangerous area or slippery surface and chose to ignore it rather than addressing it.
- The owner of the property, or another member of their staff, should have been aware of the potentially unsafe condition and had it cleaned or repaired as soon as it was discovered.
Often, liability is determined by common sense. Did the property owner put appropriate signage indicating that there was a spill until a member of the staff had time to clean it up? Did they leave a large crack in the steps to their building unaddressed and unmarked for weeks? If they were making “reasonable” efforts to keep their property safe and clean, then they may not be at fault.
Your level of carelessness may also affect the case. Were you staring at your phone and not paying attention to your surroundings? Or did you exercise reasonable caution? Sometimes your actions may affect your slip and fall case, but our San Jose lawyers are able to answer any questions you have.
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