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The role of negligence in a slip-and-fall lawsuit

On Behalf of | Nov 2, 2020 | Personal Injury

Slip-and-fall accidents can be serious incidents. They can leave Louisiana residents with severe injuries and long recoveries. In some instances, slip-and-fall accidents can result in fatalities.

There are several key components that generally must be present for a victim to sue another party for their damages from a slip-and-fall accident. This post does not provide legal advice to its readers but introduces the topic of negligence as it relates to personal injury law and specifically slip-and-fall injury litigation.

What is negligence?

Negligence is an important legal concept that concerns the duty of a person toward others. In most situations, individuals owe each other a duty of care to act reasonably given the circumstances they are in. For example, a person driving down the road may be acting reasonably if they drive the speed limit, remove distractions from their vehicle, and follow all traffic laws. A person who speeds, drives while intoxicated, or exhibits road rage while behind the wheel may be negligent or even reckless in their operation of a vehicle.

How does negligence factor into slip-and-fall cases?

In the context of slip-and-fall claims, negligence may reside in property owners. Slip-and-fall accidents happen on property, whether it is inside or outdoors, and that property is owned by someone. Owners can be private parties or public entities. A property owner who fails to maintain their property in reasonably safe condition may be responsible for the injuries of another person if that person suffers harm while on the property owner’s land.

For example, readers are asked to imagine a property owner who hosts a party for friends. In their preparations for the party, the property owner fails to secure a loose handrail that is part of their front steps. One of their guests uses the handrail as they walk up the steps and the rail gives way, causing the guest to fall from the steps and suffer injuries. The property owner’s failure to fix a known hazard on their property when they were expecting guests may demonstrate negligence in a court case.

Slip-and-fall accidents cause pain and suffering to victims. They can change the course of victims’ lives and inflict hardships on their families. Legal options are available to individuals who wish to become whole in the wake of their slip-and-fall personal injury accidents.