During a winter where freezing temperatures have visited places they usually avoid, the risk and reality of slip and fall accidents has certainly increased. Still, whether frigid temperatures are expected or not, it should be the responsibility of a properly owner or his or her agents to makes sure that slip and fall risks are removed from his or her property. This might also extend to the municipality where slip and fall took place.
<strong>Accidents Happen Year Round</strong>
Of course, slip and fall accidents don’t just happen during the winter. They can also occur because a pavement is wet and slippery or because a pavement is broken or uneven. The accident also doesn’t have to occur out of doors. People slip and fall on freshly waxed floors, torn carpets and on staircases with slick, marble treads.
People who have experienced slip and fall will want to turn to Alameda slip and fall accident lawyers.
<strong>Who’s At Fault?</strong>
The Alameda slip and fall lawyer will need to figure out whether or not the property owner is liable, as a slip and fall doesn’t automatically mean that the property owner is at fault. The owner needs to have caused the hazard in the first place and done nothing to remedy the situation. Or, he or she might not have caused the wet or icy spot but done nothing about it even though he or she knew there was going to be traffic in the area. The owner also had to understand that the area was dangerous since any other reasonable person would have seen the danger and removed it. However, in a court of law much hinges on the word “reasonable.”
“Reasonable” might require the dangerous spot to have been in the area long enough for the owner to see it and try to fix it. It might also mean that the person tripped over an object that had a reason for being on the ground or the floor in the first place. Other factors will also go into determining an owner’s liability.
A good slip and fall lawyer will also need to look into whether the plaintiff was careless, ignored warning signs or whether he or she had any reason to be in the dangerous area in the first place.
Ascertaining liability will determine whether a person should file a slip or fall claim. Some people first try to file a claim with the owner’s homeowners’ insurance, but if this doesn’t work, an Alameda slip and fall accident lawyer might be the answer. These lawyers have experience in slip and fall accidents and can help a potential client learn if the claim is valid and worth the time and money it will take to pursue it.